If police arrested you for felony assault in Atlanta, you face the potential for serious penalties, including fines and imprisonment. Speaking with a knowledgeable assault attorney early in the investigation process could help preserve key opportunities for defense and a possible reduction in penalties.
State law recognizes two categories of assault charges: simple and aggravated. Simple assault carries misdemeanor penalties, while aggravated assault (O.C.G.A. § 16-5-21) qualifies as a felony. Several factors influence whether an assault rises to the aggravated level, including motive and the use of a weapon.
An assault qualifies as aggravated, and therefore a felony, if the assailant intended to rape, murder, or rob the other individual. This designation also applies when the assailant used a weapon or object capable of causing, or that did cause, serious bodily harm or strangulation. The object does not need to be a conventional weapon, which allows for interpretation under Georgia law.
Felony assault cases in Atlanta carry significant penalties, including a minimum fine of $2,000 and potential imprisonment. Sentences range from one to 50 years, depending on the circumstances. For instance, a felony assault involving a firearm carries a mandatory minimum sentence of 10 years and a maximum of 20.
The identity and status of the individual assaulted may influence sentencing. Felony assault against a person aged 65 or older, school personnel within a school safety zone, healthcare workers on a hospital campus, or officers of the court performing official duties could result in enhanced penalties. The location of the incident also plays a role; assaults occurring on public transit carry a sentencing range of three to 20 years. Additionally, the relationship between the parties involved may affect penalties. Assaults involving current or former spouses or occurring between parents and children also carry a potential sentence of three to 20 years.
An assault committed against a child under the age of 14 with the intent to rape carries the most severe penalty: a minimum of 25 years and a maximum of 50 years of imprisonment.
When an individual in Atlanta faces a felony assault charge, it is important to retain a dedicated and experienced attorney. The investigation and sentencing process involves multiple factors, including the defendant’s intent. Legal counsel could present critical details that influence how the case is charged and may lead to reduced penalties.
Part of the felony assault investigation will likely include questions about the defendant’s intentions and surrounding actions. Having an attorney to help navigate that questioning is important to putting forward the best case for defense.
For example, an attorney could present evidence that the incident occurred in self-defense. A determined attorney could advocate on the defendant’s behalf to seek reduced sentencing or negotiate with prosecutors for a reduction or dismissal of the charges.
Felony assault in Atlanta is a serious and potentially life-altering charge. Those convicted in these cases can face decades of imprisonment. It is crucial that you have an attorney dedicated to your defense, and the sooner you have representation, the more thorough your defense can be.
Contact the talented defense attorneys at Rafus Law today for a free consultation.
