Aggravated Assault Without a Weapon
Under Georgia’s criminal law, any aggravated assault charges have far-reaching negative consequences. Depending on the particular facts surrounding your case, you could be facing up to 20 years in prison.
It is critical that you secure legal counsel as soon as possible to protect your freedom and avoid life-altering punishment. Here at Ghanayem & Rayasam, LLC, our Atlanta aggravated assault defense attorneys are proud of our success rate and case results. Contact our attorneys to review your case and provide you with the invaluable advice and exceptional protection that you deserve.
What many Georgians do not realize is that they can be charged with aggravated assault, a felony in Georgia, even if they “assault” someone without a weapon.
What is Aggravated Assault Without a Weapon?
Under GA Code § 16-5-21 (2017), one of the definitions of aggravated assault is assaulting another person with a deadly weapon, any object, device, or instrument, which results in serious bodily injury or strangulation.
Thus, assaulting someone with no weapon could still be considered aggravated assault as long as the incident results in serious bodily injury or strangulation. In Georgia, aggravated assault can be committed without the use of a weapon.
Some examples of aggravated assault without a weapon are when someone:
- Continues beating a person who is already down or immobilized and causes serious bodily injury;
- Punches another person, which causes them to lose consciousness; or
- Strangles or chokes someone else with bare hands, which causes the victim to lose consciousness.
The assailant can be charged with aggravated assault because the loss of consciousness is considered a serious bodily injury. Those are common scenarios that could result in the assailant being charged with aggravated assault rather than a simple assault.
Prosecutors are not required to prove that the accused used a weapon to cause serious bodily injury in order to charge them with aggravated assault. In Georgia, you can face the charge of aggravated assault without a weapon even if you inflicted serious injuries by using your own hands.
Penalties for Aggravated Assault Without a Weapon
Regardless of whether the aggravated assault is committed with or without a weapon, the offense is charged as a felony. An individual convicted of aggravated assault in Georgia faces the following penalties:
- At least a year but no more than 20 years in prison
- Probation up to 20 years
- A fine of no more than $100,000
- Restitution to the victim(s)
If the defendant commits an assault against an officer, the minimum sentence is five years. If the defendant commits aggravated assault by discharging a firearm from a motor vehicle or the victim is 65 years or older, the minimum sentence is three years.
Unlike simple assault, which is usually a misdemeanor offense, aggravated assault is always a felony in Georgia. Given the harsher penalties associated with aggravated assault, it is critical to hire a knowledgeable and results-driven attorney. At Ghanayem & Rayasam, LLC, our attorneys Musa Ghanayem and Ravi Rayasam will review your unique case and immediately begin building a defense strategy. Call at (404) 561-0202 for a free consultation.