The Right Lawyer,
for the Right Reasons

Attorney Jordan Van Matre

Understanding aggravated assault

On Behalf of | Jul 2, 2024 | Aggravated Assault

Charges of assault can have a huge impact on your life if convicted. However, an aggravated assault conviction will turn your life around.

Aggravated assault is an enhanced form of assault in Georgia, involving factors that escalate its severity beyond typical assault charges, leading to harsher legal consequences if convicted.

What are the elements of aggravated assault?

For a case of aggravated assault in Georgia, the prosecution must typically prove the following elements beyond a reasonable doubt:

  • Identity of the victim: Identity of the victim: The individual who suffered the assault was a member of a protected class, such as a law enforcement officer, elderly person (typically over 65 years old) or child (under 14 years old), or the assault occurred under circumstances that legally elevated the severity of the offense, such as during the commission of another felony or while attempting to commit robbery, rape or burglary.
  • Evidence of serious injury: Serious bodily injury as a result of the assault must be evident, which includes injuries that create a substantial risk of death, cause permanent disfigurement, result in prolonged impairment of health or significantly limit the victim’s bodily functions. 
  • The use of a deadly weapon: The prosecution must also prove that the assault involved the use of a deadly weapon or object likely to cause serious bodily injury. This can include firearms, knives, blunt objects used with force or any other instrument capable of inflicting severe harm. The presence and manner of use of such a weapon are critical in establishing the aggravated nature of the assault charge in Georgia.
  • Intent to cause harm: The perpetrator must be shown to have intentionally engaged in conduct that placed the victim in reasonable fear of imminent violent injury or intentionally used force likely to cause serious bodily harm.

When facing charges of aggravated assault, legal guidance can go a long way in building a robust defense strategy and potentially minimizing the severity of consequences.