What are the penalties for aggravated assault in Georgia?

Full question:

What is the highest and lowest charge for Aggravated Assault? What should you do if you were not read your rights?

  • Category: Criminal
  • Subcategory: Assault
  • Date:
  • State: Georgia

Answer:

In Georgia, aggravated assault is defined under § 16-5-21. A person commits aggravated assault if they:

  • Assault with intent to murder, rape, or rob;
  • Use a deadly weapon or any object likely to cause serious bodily injury;
  • Discharge a firearm from a vehicle toward a person.

The penalties for aggravated assault vary:

  • The general punishment is imprisonment for one to twenty years.
  • If the assault is against a peace officer or correctional officer, the punishment is five to twenty years.
  • Assaulting a person aged sixty-five or older carries a penalty of three to twenty years.
  • Assault in a public transit vehicle or against certain individuals involved in theft can also lead to similar penalties.
  • Assault with intent to rape against a child under fourteen years carries a much harsher sentence of twenty-five to fifty years.

If you were not read your rights, it may affect the admissibility of any statements you made to law enforcement. However, it does not automatically invalidate the charges against you. Consulting with a legal professional can help you understand your options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

You cannot sue simply because you were not read your Miranda rights. However, if your statements to law enforcement were obtained without being Mirandized, those statements may be inadmissible in court. This means they cannot be used against you in your trial. It's important to consult with a legal professional to understand the implications for your case.