Facing an Aggravated Assault Charge in Georgia?
If you've been charged with aggravated assault in Georgia, you are likely feeling overwhelmed, confused, and scared about what comes next.
These charges are among the most serious violent crimes in the state and carry the possibility of long prison sentences, permanent criminal records, and a lifetime of consequences that can affect everything from your career to your family life.
The aggravated assault lawyers at The Sherman Law Group understand the gravity of the situation. Our seasoned Georgia criminal defense attorneys have successfully defended countless clients facing aggravated assault charges, and we’re here to protect your rights, fight for your freedom, and guide you through every step of the criminal justice process.
This comprehensive guide breaks down everything you need to know about aggravated assault in Georgia—from the legal definition and common defenses to sentencing guidelines and how a skilled criminal defense attorney can help.
What Is Aggravated Assault in Georgia?
Georgia's Legal Definition of Aggravated Assault
Aggravated assault in Georgia is defined under O.C.G.A. § 16-5-21. It occurs when someone commits an assault under specific aggravating circumstances, such as:
- With the intent to murder, rape, or rob;
- With a deadly weapon or with any object/device that is likely to result in serious bodily injury;
- By discharging a firearm from within a motor vehicle toward a person or group of people without legal justification.
This is distinct from simple assault, which merely involves an attempt to cause violent injury or an act that places someone in reasonable fear of injury.
Aggravated assault is a felony offense, and the penalties are far more severe than those for simple assault.
What Constitutes a "Deadly Weapon"?
A deadly weapon doesn’t have to be a gun or a knife. Georgia courts have ruled that almost any object can be considered a deadly weapon if used in a way likely to cause serious harm. This includes:
- Broken bottles
- Bricks
- Baseball bats
- Vehicles
- Even hands or feet, in certain circumstances
Examples of Aggravated Assault in Georgia
Understanding how aggravated assault charges play out in real life can be helpful. Here are a few common scenarios:
- Brandishing a weapon during a robbery – Even if no one is hurt, threatening someone with a gun during a robbery qualifies.
- Firing a gun in someone’s direction – Shooting at or near someone without hitting them is still aggravated assault.
- Violent domestic disputes – Hitting a partner with a blunt object, choking, or threatening with a weapon.
- Road rage incidents – Ramming another vehicle or pointing a firearm at someone on the road.
Each case is fact-specific, and the presence of certain elements can mean the difference between misdemeanor simple assault and felony aggravated assault.
Penalties for Aggravated Assault in Georgia
General Penalties
Under O.C.G.A. § 16-5-21, aggravated assault is punishable by 1 to 20 years in prison. However, the exact sentence depends on a variety of factors, including:
- The victim’s identity (e.g., police officers, elderly, minors)
- The method used in the assault
- The defendant’s criminal history
- Whether a firearm was involved
- The location where the assault occurred
Enhanced Penalties
Certain aggravating factors increase the potential sentence:
- Against a police officer, corrections officer, or teacher: 5–20 years
- In a public transit vehicle or station: 3–20 years
- Against a family member (domestic violence): 3–20 years
- Drive-by shooting (from a motor vehicle): 5–20 years
- Involving strangulation or disfigurement: Often sentenced toward the higher end of the range
Collateral Consequences
Beyond prison time, a felony conviction for aggravated assault can result in:
- Loss of voting rights during incarceration
- Loss of firearm ownership rights
- Permanent criminal record
- Difficulty securing employment or housing
- Immigration consequences for non-citizens
The Criminal Process for Aggravated Assault Charges in Georgia
1. Arrest and Booking
After a report or investigation, police may make an arrest. You’ll be fingerprinted, photographed, and held in custody until your bail hearing.
2. Bail Hearing
A judge decides whether to grant bail and under what conditions. In serious cases like aggravated assault, bail may be denied or set very high.
3. Preliminary Hearing and Indictment
At this stage, the prosecution must present enough evidence to proceed. If successful, your case will be sent to the grand jury for formal indictment.
4. Arraignment
You are formally charged and asked to enter a plea. If you plead not guilty, your case proceeds to pre-trial motions and potentially a trial.
5. Trial or Plea Bargain
Most criminal cases resolve through plea bargains, but if a fair deal isn't offered, your attorney may recommend going to trial.
6. Sentencing
If found guilty, a judge will sentence you based on the statutory range and any mitigating/aggravating factors.
Defenses to Aggravated Assault in Georgia
A skilled Georgia criminal defense attorney will analyze every detail of your case to determine the strongest possible defense. Common legal defenses include:
1. Self-Defense or Defense of Others
If you reasonably believed that you or someone else was in imminent danger of serious harm, you may be justified in using force—even deadly force.
2. No Intent to Harm
Intent is a key element. If the prosecution cannot prove you intended to cause injury, murder, rape, or robbery, the charge may not hold.
3. False Accusations
In cases involving domestic violence or interpersonal disputes, false allegations are unfortunately common. Evidence such as texts, video, or witness testimony may disprove the accusation.
4. Lack of a Deadly Weapon
If the object in question wasn’t actually capable of causing serious bodily harm, the charge might be reduced or dismissed.
5. Mistaken Identity
Eyewitness misidentification is a leading cause of wrongful convictions. Surveillance footage, alibis, and forensic evidence can help establish your innocence.
6. Violation of Constitutional Rights
If police obtained evidence illegally—without a warrant or proper Miranda warnings—your attorney can move to suppress that evidence.
Why You Need a Georgia Criminal Defense Attorney
When you're facing a serious charge like aggravated assault, time is of the essence. The prosecution will be working quickly to build their case—shouldn’t you do the same?
A seasoned criminal defense lawyer will:
- Investigate the facts thoroughly
- Identify procedural errors and constitutional violations
- Negotiate aggressively with prosecutors
- Advocate for reduced charges or dismissal
- Represent you zealously at trial if necessary
Don’t risk your freedom or your future by going it alone.
Aggravated Assault and Domestic Violence in Georgia
Many aggravated assault cases in Georgia arise from domestic disputes. Under Georgia law, family violence aggravated assault is taken especially seriously and carries heightened consequences, including:
- Mandatory arrest policies
- No-contact orders
- Firearm possession bans under federal law
- Enhanced sentencing
Even if the alleged victim wants to “drop the charges,” the state can still pursue prosecution. That’s why immediate legal representation is essential.
Aggravated Assault and Gang-Related Activity
If the assault is alleged to be related to gang activity, prosecutors may charge the offense under Georgia's Street Gang Terrorism and Prevention Act (O.C.G.A. § 16-15-4). This can add 5 to 20 years to your sentence, in addition to the penalty for aggravated assault.
Gang charges are complex and highly political, and defendants often face stigma even before trial. A strong defense strategy is critical to protect your reputation and rights.
Juveniles Charged with Aggravated Assault
Juveniles (under 17) charged with aggravated assault in Georgia may be tried as adults, depending on the circumstances. Factors that can lead to transfer to superior court include:
- Use of a firearm
- Prior criminal history
- Serious bodily injury to the victim
Juvenile defendants still have rights, and a criminal defense attorney can often work to keep the case in juvenile court, where penalties are more rehabilitative than punitive.
What Should You Do If You’re Charged with Aggravated Assault?
Immediate Steps to Protect Yourself
- Remain Silent – Do not talk to the police or investigators without your lawyer.
- Do Not Contact the Alleged Victim – Even if they are a family member or friend.
- Hire an Experienced Georgia Criminal Defense Attorney – The sooner you do, the better your chances of a positive outcome.
- Preserve Evidence – Save texts, emails, or video footage that may help your case.
- Build Your Defense Early – Every day counts in serious felony cases.
Georgia Aggravated Assault Lawyer -- Your Freedom Is on the Line — Don’t Wait
Being charged with aggravated assault in Georgia is one of the most serious legal challenges you can face. The penalties are harsh, the stigma is lasting, and the risk to your future is real. You need a lawyer who understands Georgia’s criminal laws inside and out—and who will fight for you with skill, strategy, and determination.
At The Sherman Law Group, we’ve defended hundreds of people just like you—people who were scared, uncertain, and facing the full weight of the criminal justice system. We offer confidential consultations and are available 24/7 to start building your defense immediately.
đź“ž Call us today or contact us online for a free consultation.
Let us help you protect your rights, your freedom, and your future.
Final Thoughts: Don’t Let One Moment Define Your Life
Everyone makes mistakes, and sometimes people are falsely accused. Whether you acted in self-defense or were simply in the wrong place at the wrong time, you deserve a second chance and a strong defense.
Aggravated assault charges are too serious to leave to chance. With the right legal team, you can fight back and move forward.