Aggravated Assault
Aggravated assault is a serious criminal charge in Georgia, a felony. Under O.C.G.A. § 16-5-21, an individual can be charged with aggravated assault when they intentionally cause significant harm to another person, or if they threaten serious harm with a deadly weapon.
Being a felony, a conviction for aggravated assault can carry severe penalties, including lengthy prison sentences and substantial fines. For those facing charges under this statute, a strong defense is crucial to minimizing the impact on their lives.
As Georgia criminal defense lawyers, we wanted to write a blog post delving into the legal defenses available to individuals charged with aggravated assault under Georgia law.
We’ll examine common defenses, such as self-defense, defense of others, lack of intent, and others that may be applicable depending on the facts of the case.
It’s essential to understand that every case is unique, and the defenses used in one case may not apply to another. A knowledgeable criminal defense attorney will assess the specific details of your situation and build a defense strategy that aligns with your case.
What is Aggravated Assault in Georgia?
O.C.G.A. § 16-5-21 defines aggravated assault as an assault that is committed with the intent to cause serious bodily injury, or when a person uses a deadly weapon to threaten or harm another individual. According to the statute, there are several ways aggravated assault can occur, including:
- Intentionally attempting to cause serious bodily injury to another person.
- Using a deadly weapon to commit an assault.
- Assaulting someone with the intent to commit a felony.
- Using an object in a way that is likely to cause serious bodily injury.
If convicted, a person could face between 1 and 20 years in prison, depending on the severity of the crime and whether any additional aggravating factors exist. Given the seriousness of these charges, having a skilled criminal defense lawyer is critical to the outcome of the case.
Common Defenses to Aggravated Assault Charges
When it comes to defending an aggravated assault charge, the approach will largely depend on the specific circumstances of the case. Below are some of the most common defenses used in Georgia aggravated assault cases:
1. Self-Defense
One of the most widely used defenses in aggravated assault cases is self-defense. Georgia law allows individuals to use force to protect themselves from imminent harm. However, the law does not grant individuals unlimited rights to use force. For a self-defense claim to be successful, the following conditions must be met:
- Reasonable Belief of Imminent Danger: The defendant must have had a reasonable belief that they were in immediate danger of serious bodily injury or death.
- Proportional Response: The amount of force used in self-defense must be proportionate to the threat. If someone punches another person in a bar fight and the other party responds with a weapon, this may not qualify as self-defense under the law.
- No Provocation: If the defendant provoked the other person into violence, it may negate the self-defense claim. This defense is typically unavailable if the defendant was the aggressor in the confrontation.
In cases where self-defense is asserted, the defense lawyer will present evidence showing that the defendant reasonably believed their life was in danger and responded with a level of force appropriate to that threat.
2. Defense of Others
In some cases, a person may be charged with aggravated assault because they were defending another individual from an imminent threat. Under Georgia law, a person is allowed to use force to protect another person, just as they can protect themselves. Similar to self-defense, the following criteria apply to the defense of others:
- Reasonable Belief of Danger to Another: The defendant must believe that the person they were defending was in imminent danger of serious bodily harm.
- Proportionality: The amount of force used must be proportional to the threat. If the threat is not life-threatening or severe, using a deadly weapon or excessive force may not be justified.
- No Provocation: If the defendant instigated the conflict or escalated the situation, they may not use this defense.
If you were defending a loved one or a third party and acted reasonably in doing so, the defense lawyer may argue that your actions were justified.
3. Lack of Intent
Under Georgia law, an individual can only be convicted of aggravated assault if it can be proven that they had the intent to cause serious bodily injury or if they used a deadly weapon in the commission of the assault. In some cases, the prosecution may struggle to prove that the defendant had the required intent.
If the defendant can demonstrate that their actions were accidental, or that there was no intent to cause serious harm, the defense may argue for a reduction in the charge. For example, if the defendant was involved in a physical altercation but did not aim to inflict serious injury, they may be able to argue that the assault was not "aggravated" but rather a simple assault.
Additionally, in some situations, a person may not have known that a weapon was involved or may not have intended to use it in a way that caused serious harm. The defense lawyer will carefully examine the evidence to show that the defendant did not possess the requisite intent for an aggravated assault conviction.
4. Mistaken Identity
Another potential defense in aggravated assault cases is mistaken identity. In some instances, a defendant may be wrongfully accused of a crime they did not commit. This is often the case when there is a lack of physical evidence linking the defendant to the alleged crime or when eyewitness testimony is unreliable.
Mistaken identity can be used as a defense when the defendant was not at the scene of the crime or when another person, who closely resembles the defendant, committed the assault. If there is any doubt about the defendant’s involvement in the assault, the defense lawyer will work to cast doubt on the prosecution’s evidence.
5. Lack of Serious Bodily Injury
For an individual to be charged with aggravated assault under O.C.G.A. § 16-5-21, there must be evidence of serious bodily injury or the use of a deadly weapon. In some cases, the defense lawyer may argue that the injury sustained by the victim was not severe enough to meet the legal definition of "serious bodily injury."
Georgia law defines "serious bodily injury" as an injury that causes a substantial risk of death, serious disfigurement, or long-term loss or impairment of a bodily function. If the victim’s injuries do not meet this threshold, the defense lawyer may argue that the charges should be reduced to a lesser offense.
6. Duress or Coercion
In rare cases, an individual may be charged with aggravated assault because they acted under duress or coercion. Duress occurs when a person is forced to commit a crime due to the threat of immediate harm to themselves or others. For example, if someone is threatened with a weapon and forced to commit an assault, they may be able to use duress as a defense.
For this defense to succeed, the defendant must prove that the threat was imminent, that they had no reasonable opportunity to escape the situation, and that they had no other choice but to commit the assault. If duress is established, it may be possible to avoid a conviction for aggravated assault.
7. Constitutional Violations: Unlawful Search and Seizure
In some cases, an individual charged with aggravated assault may assert that their constitutional rights were violated during the investigation. For example, if the police conducted an illegal search or seizure without a warrant or probable cause, evidence obtained during that search may be inadmissible in court.
If key evidence such as a weapon or physical injury was unlawfully obtained, the defense lawyer may file a motion to suppress that evidence, which could lead to a dismissal of charges or a reduction in the severity of the charges.
Georgia Aggravated Assault Attorney
Aggravated assault charges under O.C.G.A. § 16-5-21 are serious and can have life-altering consequences. However, there are several potential defenses available to individuals facing these charges.
Whether the defense involves self-defense, lack of intent, mistaken identity, or any of the other defenses discussed in this blog post, it’s essential to work with a knowledgeable criminal defense attorney who understands Georgia law and can craft a defense tailored to the specific facts of your case.
If you or someone you know is facing aggravated assault charges, it’s crucial to act quickly and secure legal representation. An experienced attorney can help you navigate the complexities of the criminal justice system, protect your rights, and strive for the best possible outcome in your case.
For a free consultation, contact The Sherman Law Group, Georgia criminal defense lawyers, today to discuss the details of your case and explore your defense options.