People may refer to assault as first-degree when it is charged as a felony, the most serious level of offense. In Atlanta, assault charges are divided into two categories: simple and aggravated. If someone refers to an assault charge as “first-degree,” they likely mean that it is an aggravated assault charge, which carries felony status and the strictest penalties.
If you are facing a charge for first-degree assault in Atlanta, it is important to understand the details of this charge and the potential penalties it could carry. It is also important to get in touch with a dedicated assault attorney from Rafus Law as soon as possible to develop the best defense plan.
Georgia law differentiates between simple assault, which prosecutors treat as a misdemeanor, and aggravated assault, which they treat as a felony. Aggravated assault (O.C.G.A. § 16-5-21) is defined by the circumstances of the incident.
Often, aggravated assault includes the use of a weapon or an instrument that can or did inflict serious bodily harm or strangulation.
The law allows for a wide consideration of instruments that would fit under this category, including firearms (handguns, rifles, shotguns, and any device converted to expel a projectile by the action of an explosive or electrical charge). It is important to note that the law includes everyday objects—ones not designed as weapons—as potential instruments in an assault charge. They need only to be likely to result in serious bodily harm or strangulation. This means that defendants who were not carrying a firearm can still face felony aggravated assault charges in Atlanta if they used or wielded an instrument during the incident.
An assault also becomes a felony when the assailant intends to commit another crime during the incident.
The law defines aggravated assault as an assault committed with the intent to rape, murder, or rob. This means that a defendant who was intending to rob a victim can face increased penalties and a felony charge because of the circumstances of the act.
Perhaps the biggest difference between simple assault and aggravated assault—often called first-degree assault—appears in the penalties. The penalties for felony charges are much higher than those for misdemeanors.
A person convicted of aggravated assault in Atlanta generally faces 1–20 years in prison. In some severe cases, a person could face 25-50 years in prison. The penalties vary depending on the age and status of the person assaulted, the location of the assault, and the relationship between the people involved in the incident.
In addition to prison time, a court may require a person convicted of aggravated assault to pay a fine.
When prosecutors charge someone with aggravated assault, that person should consult an experienced attorney who can provide guidance during the proceedings. Aggravated assault charges are largely dependent upon circumstances, and an attorney can help ensure that a defendant puts forward the best possible defense.
For example, an attorney might be able to present a case for self-defense or demonstrate that the case does not meet the standard for a felony charge and negotiate a reduction to a misdemeanor.
If you are facing charges for first-degree assault in Atlanta, you should reach out to an attorney as soon as possible. The earlier that you have representation, the more thorough and productive your defense can be.
Call today to speak with an attorney and learn more about the next steps for your case.
