Georgia state law considers assault with a deadly weapon one type of aggravated assault. Another charge, which is newer, would be putting your hand around someone’s neck, which often happens in a domestic violence situation. Whether your fingers leave a mark or not, they’ll charge you with aggravated assault a lot of the time.
Is Aggravated Assault in Georgia a Felony or Misdemeanor Charge?
Aggravated assault is always a felony charge. Misdemeanors are reserved for things like battery and simple battery and assault.
If a Weapon Was Allegedly Used in an Assault Arrest in Georgia, Is That an Automatic Felony Aggravated Assault Charge?
It’s not automatic, but they can certainly charge you with felony aggravated assault if they choose.
What Are Some Possible Defenses to Aggravated Assault Charges in Georgia?
The most common defense to aggravated assault is self-defense. Then, there are some legalese-type defenses involving whether something can be considered a deadly weapon or whether the alleged victim was actually choked according to the statute. In aggravated assault cases, your fist could be considered a deadly weapon. If there’s a huge disparity between two people (for example, if a very large gentleman was fighting a small female), then the jury could determine the larger party’s fists were enough to qualify as deadly weapons.
For more information on Aggravated Assault Charges in Georgia, a personalized consultation is your next best step. Get the information and legal answers you are seeking by calling (912) 236-4878 today.
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