Aggravated assault is naturally one of the most serious criminal offenses under Georgia law, but the identity of the alleged victim—such as a peace officer—can lead to enhanced penalties.
If you are facing these allegations, a Doraville assault on an officer lawyer may be able to help. You have the right to a vigorous defense, and an appropriate strategy could help you avoid a conviction. A skilled assault attorney could review the facts and determine the right way to proceed.
What Is Aggravated Assault?
There are additional penalties when the alleged victim of an aggravated assault is a public safety officer, so it is helpful to understand the underlying offense. Aggravated assault is already an upgraded version of the standard assault charge, even if an officer is not involved.
The state will first need to prove the basic elements of assault. To do so, they have to show one of two things: you attempted to commit a violent injury on another person, or you placed someone in immediate fear of harm. It is worth noting that neither of these elements requires that you injure someone—threats and fear are enough to qualify as assault.
Aggravated assault requires additional elements to be proven by the state. Someone commits this offense when they assault:
- With the intent to murder, rob, or rape
- While using a deadly weapon or object
- With a device likely to cause strangulation
- By discharging a firearm within a motor vehicle
When the target of this offense is a public safety officer in Doraville, the penalties that come with a conviction are greater.
Consequences of a Conviction
Aggravated assault already carries a steep maximum penalty of 20 years in prison. While offenses involving public safety officers do not impact the maximum sentence, they can greatly alter the minimum sentence. Different scenarios can play a role in determining the ruling of the court.
Assaults involving the discharge of a firearm carry the steepest penalties. When a person who is at least 17 years of age commits aggravated assault against an officer by discharging a firearm, they face a minimum term of imprisonment of 10 years. This differs dramatically from the standard minimum term of one year in prison.
In other situations where this offense is committed against an officer, the minimum prison term is five years. This is in effect in cases where a person uses either the discharge of a weapon or their body to commit the offense. A legal professional in Doraville could explain the consequences of an assault on an officer in more detail and help build a defense strategy.
What Is a Public Safety Officer?
While many assume these enhancements only apply in cases involving police, there are other professions that qualify as public safety officers. They include jailers and correctional officers, as well as any other government employee who oversees prisoners or law enforcement.
The term is also used to describe emergency medical professionals such as health workers and firefighters, especially when these individuals are performing their official duties at the time of the alleged assault.
Call a Doraville Assault on an Officer Attorney Today
Given the serious nature of this charge, it is never a good idea to act as your own attorney. The support of strong legal counsel could go a long way toward avoiding a conviction. Reach out to a Doraville assault on an officer lawyer right away.