Savannah Aggravated Assault Lawyer

Savannah Aggravated Assault Attorney

Any type of criminal offense has the potential to be life-changing for the defendant, leading to fines, incarceration, and various other long-term effects. Aggravated assault is a violent crime that often entails harsh penalties. If you have been charged with this offense, it is crucial to speak with a Savannah aggravated assault lawyer you trust to help you formulate an effective defense and hopefully reduce the severity of any penalties assigned to you.

Aggravated assault is a serious felony that can result in lengthy prison sentences. Aggravated assault occurs when someone attacks another person with the intent of causing severe or aggravated bodily injury. If you have been charged with aggravated assault in Georgia, you are highly encouraged to consult with a Savannah aggravated assault lawyer to take on your case.

Specifications for Aggravated Assault

Aggravated assault is a lesser felony than attempted murder but more serious than a simple assault. Further, aggravated assault tends to accompany the use of a deadly weapon such as a gun or a knife. On the other hand, simple assault is an unlawful attack or threat of attack on another person without the use of a deadly weapon and with intent to cause minimal injuries. Examples of serious bodily injury can include broken bones, teeth, or internal injuries.

Other actions that define aggravated assault include the following:

• A person assaults with the intent to rape, murder, or rob.
• A person uses either a deadly weapon or other device that, when used aggressively, can cause serious bodily harm.
• A person unlawfully fires a firearm from within a vehicle toward another person.

Charges for Aggravated Assault

Aggravated assault is a felony punishable by prison time. The amount of prison time an attacker serves is dependent upon the severity of the crime as well as other factors. Generally, a person convicted of aggravated assault can serve a prison sentence of no less than one year and no more than 20 years.

Though this is general sentencing, depending on the offense, a person can serve a longer minimum sentence. For instance, if a person assaults a peace officer or correctional officer while they are on duty, they can serve no less than five years. If they assault a person over 65 years old, they can serve no less than three years.

Charges become more severe when minors are involved. For example, if a person commits an aggravated assault with the intent to rape a minor under 14 years old, they can be punished for no less than 25 years and no more than 50 years, and they can also be subject to further punishment.

Importance of Legal Representation

People commit assault for many reasons, sometimes claiming self-defense or being involved in a fight, and most often, the victims of aggravated assault know their attackers. No matter how or why an aggravated assault occurs, it is important to know the legal ramifications and severe consequences that are connected to it.

Why You Need a Lawyer

If you have been convicted of aggravated assault, you will be considered a violent felon, which comes with serious implications for your future. This is why you must hire a lawyer who can provide a strong criminal defense.

A strong criminal defense lawyer with experience arguing aggravated assault cases can help you in many ways. First, they can inform you of your rights as well as the laws surrounding your case. Also, though most aggravated assault cases have minimum sentences, your lawyer can negotiate a lighter sentence for you. Your lawyer can also advise you on how to plead, whether guilty or not guilty.

How Much Does a Criminal Defense Lawyer Cost?

The cost of a criminal defense lawyer who tries aggravated assault cases varies in Georgia. The main factors to consider are case complexity, the attorney’s experience, and the location of the practice. The more complex the case, the higher the costs since the lawyer will have to expend more time and energy ensuring you have an optimal defense. Furthermore, if the lawyer has experience winning cases, they can justify charging more.

Representing Aggravated Assault Defense in Savannah, GA

The team at New South Law, LLC, has combined decades of professional defense experience in a wide range of cases, including aggravated assault and other violent crimes. Police and prosecutors take these offenses very seriously. Upon arrest, you may feel as though the criminal justice system is working against you, especially if you believe you have been unjustly accused of a crime you did not commit.

Our firm can help you in various ways, from preparing you for each hearing in your case to developing strategic defenses for you. In every criminal case, the standard of proof is beyond a reasonable doubt, meaning the prosecution has the burden of proving that there can be no question as to whether the defendant committed the crime, and it is the defense attorney’s job to prevent them from meeting this standard of proof.

Every criminal case is unique, but all cases follow similar procedural rules. It’s vital to understand your rights through all phases of your interactions with the criminal justice system, from your arrest and booking to your preliminary hearing, trial proceedings, and sentencing. An experienced Savannah aggravated assault lawyer is the ideal asset to have on your side through this ordeal.

What Is Aggravated Assault?

It is important to understand the legal definitions of assault and aggravated assault as there are several common misconceptions about these terms. The term “assault” can define any type of threatening approach against another person. This includes making a verbal threat of harming another person while demonstrating the capability to carry out the threat. Physical contact is not necessary for a person to be charged with assault.

Aggravated assault is a more serious form of this offense, typically characterized by committing the assault with some type of weapon or in the act of committing another offense. For example, aggravated assault can occur when the perpetrator attempts to murder, rape, or rob the victim. Aggravated assault can also occur when the perpetrator makes a threat of harm while displaying a deadly weapon or any instrument capable of inflicting serious or fatal injury.

It is possible for someone to be charged with aggravated assault simply for making such a threat, but once they act on it or attempt to act on it, the severity of the offense and the associated penalties increase dramatically. This is especially true if the threat leads to actual physical contact and any type of harm to the victim.

Know Your Rights During an Arrest

The US Constitution protects the rights of every American citizen, and two amendments in particular come into play upon arrest for any criminal offense. The Fifth Amendment protects against self-incrimination, and the Sixth Amendment ensures the right to legal representation and a speedy trial when you are charged with any crime. Upon arrest, the arresting officer must read the suspect their Miranda rights as they are taken into custody.

It is crucial to take full advantage of your Fifth Amendment right to remain silent. As soon as you are placed under arrest, anything you say could potentially be held against you in your upcoming court proceedings. It’s safe to assume that the arresting officers will record everything you say during and after your arrest, so even if you know you have done nothing wrong, you should remain silent and comply with their instructions throughout this process.

After booking, you have the right to make phone calls. You should notify your family of what has happened, and you should reach out to an experienced Savannah aggravated assault lawyer as quickly as possible. A good defense attorney can meet with you after booking, examine the details of your arrest, and help you begin formulating your defense against an aggravated assault charge.

If you believe your rights have been violated during your arrest and booking, it is crucial that you notify your attorney immediately. For example, if the arresting officers never read you your Miranda rights, it is a very serious procedural violation that could influence your case in dramatic ways. The team at New South Law, LLC, can carefully review all details of your arrest and booking to ensure your rights have been respected at all times.

Potential Penalties for Aggravated Assault in Savannah

The Georgia Criminal Code lists various potential penalties for an aggravated assault charge, and these penalties can vary greatly based on the severity of the offense, whether the defendant inflicted harm or committed other offenses and their criminal record.

The minimum incarceration term for conviction of this offense is one year, but this can be extended up to 20 years. If the defendant used a firearm in committing the offense, they face a much heavier minimum sentence.

If the defendant committed an aggravated assault of a police officer or other public servant and used a firearm but did not discharge the firearm, they face a minimum of five years in prison. If they did discharge the firearm but did not cause harm, their minimum penalty increases to 10 years in prison. If they only used their body to assault the public servant, the minimum penalty is five years in prison.

There are also specific penalties applied when the defendant has committed an aggravated assault against a victim over the age of 65, against another party in a public transit station or vehicle, or through the course of committing another crime, such as theft of a motor vehicle. Some of the most severe penalties apply when an aggravated assault occurs in the course of an attempted rape of a minor, which can lead to a minimum of 25 years up to 50 years in prison.

Building a Defense Against an Aggravated Assault Charge

If you have been charged with aggravated assault in Savannah, it is your defense attorney’s job to help you build a cohesive defense that prevents the prosecution from meeting the burden of proving guilt beyond a reasonable doubt. It is possible for various defenses to come into play in this type of case:

• Self-defense is one of the most commonly asserted defenses in cases involving violent offenses. If the defendant is able to prove that they only engaged in the actions to defend themselves against a true threat from the alleged victim, it may be sufficient to prove they did not actually commit the aggravated assault.
• Lack of capacity may come into play if a defendant was inebriated or afflicted by a mental health disturbance that caused them to act uncharacteristically. This can be a difficult defense to prove and will generally require producing extensive medical records to show the truth of the defendant’s medical state during the incident.
• A defendant may need to prove that they acted under duress of some kind or out of necessity and that the circumstances forced them to take actions they otherwise would not have taken. Proving necessity as a defense means showing proof that the defendant’s actions were only taken in a good faith effort to prevent greater harm.
• Mistaken identity. It is possible for a person to be arrested because they matched the physical description of the person who actually committed the offense. Your Savannah aggravated assault lawyer may need to prove that you were simply in the wrong place at the wrong time and were arrested for a crime you did not commit by establishing an alibi.

These are just a few possible defenses that may come into play in your case. Bear in mind, however, that formulating an effective defense can be especially difficult when you have been charged with a combination of multiple offenses, if your actions involved the use of a firearm, or if you have an extensive criminal record that includes similar acts in the past.

What to Expect From Your Savannah Aggravated Assault Lawyer

The attorneys at New South Law, LLC, are confident in our ability to provide responsive and aggressive defense of our clients’ rights in all types of criminal cases in the Savannah criminal court system. Our team draws upon a wealth of professional experience covering many types of criminal law, and we have cultivated strong professional relationships with local court officials and other parties likely to participate in this type of case.

You have a limited time to react to the charges against you, and the first steps you take following your arrest and booking are crucial no matter what type of charges have been filed. New South Law, LLC, can meet with you immediately to review the circumstances of your arrest and booking, listen to your side of the story, and help you formulate an effective defense. Contact us today to schedule your consultation with a Savannah aggravated assault lawyer you trust.

FAQs

How Many Years Could You Face in Jail for Aggravated Assault in Georgia?

The amount of jail time one may expect for aggravated assault charges varies in Georgia. For instance, if a person assaults a peace officer or correctional officer while on duty, they may serve between 5-20 years, and if they assault a senior, someone over 65 years old, they can receive a minimum sentence of 3 years. Jail time may increase if the rape of a minor is involved or if a deadly weapon is used.

Can You Get an Aggravated Assault Charge Dropped in Georgia?

Yes, there are several instances where you can have aggravated assault charges dropped. For one, if you are innocent of the crime, you can get your charges dropped with the right defense. In other cases, if the crime committed does not fit the definition of aggravated assault, such as no bodily harm occurred or if the weapon was not a deadly weapon, you could get the charges dropped. This is all dependent on your level of legal defense.

Can You Get a Bond in GA for Aggravated Assault?

In Georgia, aggravated assault is only bailable before a superior court if the person has been previously convicted of, is on probation for, or is on parole for the aggravated assault. In these cases, the bond can increase exponentially. However, if you have not been previously convicted or are not on probation for aggravated assault, you may be eligible for bond or bail.

What Is the Code for Aggravated Assault in Georgia?

Each crime has an associated code in Georgia for court and administrative purposes. Aggravated assault is considered a felony in Georgia and has the code 16-5-21. Title 16 is for Crimes and Offenses, Chapter 5 is for Crimes Against the Person, and Article 2 is for Assault and Battery. An experienced lawyer can help you better understand the code for aggravated assault in Georgia.

Contact New South Law, LLC

In Georgia, aggravated assault is a serious felony punishable by jail time. Jail sentences can range from one to 20 years or up to 50 years for rape of a minor. Though some people commit aggravated assault because of loss of a temper, revenge, or other nefarious reasons, sometimes, a person commits assault out of self-defense. At New South Law, LLC, our experienced lawyers can help you with your aggravated assault case. Contact us today for a free consultation.