If you are charged with simple assault or aggravated assault, you may have questions. First, what’s the difference between these two crimes?
ThreeBestRated® award winner for “Best Criminal Defense Lawyer” for 2023, Stacey M. Goad, wishes to share important details that most people should know. She says,
“Simple Assault is a misdemeanor offense carrying no more than 12 months in jail as a maximum punishment. Aggravated Assault is a felony offense carrying a maximum punishment of 20 years in prison.
Georgia law defines misdemeanor simple assault in O.C.G.A. § 16-5-20. Per GA law, someone commits simple assault when he 1. Attempts to commit a violent injury to the person of another or 2. Commits an act which places someone in reasonable apprehension of immediately receiving a violent injury.
One real world example of simple assault: someone could be charged with simple assault for charging towards another as if they were about to attack, even if no threats are made -and- no one is physically touched. Believe it or not, that could result in a simple assault charge and ultimately could be punished by up to a year in jail.
Sometimes there’s a fine line between a misdemeanor and a felony. Georgia Law defines aggravated assault in O.C.G.A. § 16-5-21. Per GA law, someone commits the offense of aggravated assault when 1. with the intent to murder, rape or rob; 2. with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. The statute continues by explaining strangulation can be charged as an aggravated assault. Discharging a firearm from within a vehicle towards others can be an aggravated assault, also.
In almost every case, my clients ask me, “I never touched the alleged victim. How can I be charged?” I’m also commonly asked, “Why am I being charged when the alleged victim was provoking me and fighting with me?” Here’s what you need to know- each case is fact specific. But, in every case, the State must prove every element of the crime as alleged. Further, you should know intent is an element of simple assault and aggravated assault which must be proven beyond a reasonable doubt in order to convict you of a crime.
Each situation is unique. The vast majority of those charged with the offense of simple assault or aggravated assault have perfectly reasonable defenses. But, the accused is rarely given the benefit of the doubt before these crimes are formally accused or indicted. I’ve made criminal defense my life’s work because I love helping misunderstood and innocent people restore their good names.”
Success Of Stacey M. Goad
Stacey M. Goad is one of Georgia’s most trusted criminal defense attorneys. She practiced law as a prosecuting attorney in metro-Atlanta and Savannah, Georgia for over five years before opening her own practice focusing solely in criminal defense. She uses her vast experience on both sides of the law to achieve her clients goals every day. Stacey M. Goad zealously defends each client at every stage of the criminal process. In her time as a prosecutor and as a defense attorney, she has successfully tried hundreds of bench and jury trials, garnering unrivaled experience in matters ranging from misdemeanors to complex felony cases.
Her firm has extensive experience in Savannah, Georgia and surrounding counties such as Bryan, Glynn, and Liberty County. Whether you’re facing a charges for DUI, cannabis possession, drug possession, drug sales, drug trafficking, assault, battery, rape, battery, terroristic threats, or even murder- Stacey has your back. Each client receives personalized attention and care. You can rest assured, you will have excellent communication with your lawyer as emails are returned promptly, seven days a week. She’s even known to return phone calls and emails during vacation.
All the reasons collectively made her crack our 50-Point Inspection and name Stacey M. Goad as one of ThreeBestRated® Criminal Defense lawyers in Savannah, Georgia. Contact Stacey Goad today at notguiltysavannah.com
About ThreeBestRated®
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