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Violent crime charges in Georgia are among the most serious offenses under state law. These allegations can include assault, aggravated assault, armed robbery, domestic violence, manslaughter, and murder. Understanding violent crime charges in Georgia, how these crimes are defined, the potential penalties, and available defenses is important to safeguard your future.

Since these crimes generally involve the threat or actual use of physical force against another person, they are vigorously prosecuted, and penalties for conviction are among the most severe in the state. If you have been accused of a violent crime, taking action early on and understanding your legal rights is critical for your freedom and future.

Hire a Violent Crime Lawyer

Our firm has tried cases involving serious violent crimes, including those involving aggravated assault, armed robbery, and homicide. We’ve won acquittals, made successful appeals, and lessened the sentences on both the state and federal levels. Our firm has a proven track record of success.

Lawrence J. Zimmerman has been the President of the Georgia Association of Criminal Defense Lawyers. We have tried the most serious of cases, including murder defense and rape defense, and we handle your cases with the same high level of professionalism and capability that you would expect us to use on our most difficult cases.

What Counts as a Violent Crime in Georgia?

In Georgia, “violent crime” is not defined by law but refers to any offense involving physical force or the threat of force, or the use of a deadly weapon. Typical charges include simple assault, aggravated assault, battery, aggravated battery, armed robbery, kidnapping, manslaughter, and murder.

Domestic violence charges also can be considered violent crimes when they include the allegation of physical force or the threat of force. These cases are aggressively prosecuted because of the potential for harm to victims and the public. In many situations, related charges such as gun crime or gang charges may also be involved, which further increases the seriousness of the prosecution.

Since many of these offenses are felonies, defendants are at risk of significant prison sentences, lengthy probation, and collateral consequences. Understanding what is considered a violent crime is the first step in building a defense.

Penalties for Violent Crime Convictions

Violent crime convictions can carry heavy penalties in Georgia, depending on the specific charge. For instance, aggravated assault may result in up to 20 years in prison, while murder could lead to life imprisonment or the death penalty.

According to the FBI’s Uniform Crime Reporting Program, 36,705 violent crime cases were reported in Georgia in 2022, indicating that authorities take these offenses seriously. In addition to incarceration, penalties for violent crime convictions may include fines, restitution to the victim, probation, and mandatory counseling or anger management classes.

These convictions can also lead to long-term consequences, like stigma, employment challenges, and the loss of certain civil rights, such as voting or firearm ownership.

Possible Defense Strategies

Defending violent crime charges requires examining the evidence and building a strategy based on the facts of the case. Common defenses may include self-defense, defense of others, lack of intent, mistaken identity, or challenging the credibility of witnesses. In some situations, evidence such as surveillance footage, forensic testing, or expert testimony can raise doubts about the prosecution’s claims.

Constitutional violations, such as unlawful searches or coerced confessions, may also result in evidence being excluded. Every violent crime case is unique, and a successful defense depends on a careful review of the facts, legal arguments, and the protection of constitutional rights throughout the process.

FAQs

What Is the Legal Definition of Aggravated Assault in Georgia?

O.C.G.A. § 16-5-21 defines aggravated assault as the commission of an assault with intent to murder, to rape, to rob, or by use of a deadly weapon or a weapon or instrument likely to produce serious bodily injury. Unlike simple assault, it is a felony. Punishment on conviction is for a term of one to twenty years in prison, depending on the circumstances, such as the use of a firearm.

What Factors Affect Sentencing in a Violent Crime Case?

Violent crime sentences in Georgia are largely based on the facts surrounding the case. The seriousness of the offense, the use of a weapon, the defendant’s criminal record, and whether the defendant’s victim was a minor or otherwise vulnerable are some of the primary factors that determine a sentence.

Judicial decisions may be impacted by mitigating elements, such as prior convictions, or aggravating factors, like gang affiliation, which establish boundaries for sentencing between the statutory range extremes.

What Rights Do Defendants Have When Charged With a Violent Crime?

Defendants in Georgia are entitled to numerous constitutional rights. Defendants have the right to silence, legal representation, jury trials, and direct confrontation of their accusers. The Fourth Amendment safeguards criminal defendants through its ban on unlawful searches and seizures.

It’s critical to maintain these rights because improper violations of defendant rights may cause evidence to become inadmissible in court. A good defense starts with an understanding of your constitutional rights.

What Are the Punishments for Aggravated Assault in Georgia?

Aggravated assault is defined by O.C.G.A. § 16-5-21 and is a felony that is punishable by one to twenty years in prison. Crimes like assaults against police officers or having a firearm on school grounds may carry stiffer penalties, which have mandatory minimum sentences of three to five years.

Repeat offenders and assaults that result in serious bodily injury may also face maximum penalties. The strict nature of sentencing guidelines requires immediate establishment of a defense strategy.

Contact a Georgia Violent Crime Lawyer

Facing charges for a violent crime can result in some of the most severe punishments available under Georgia law. Since so much is at stake, it is crucial to understand your rights and options as soon as possible. With effective defense representation, you can protect your future and avoid life-altering consequences of a conviction.

At the Law Office of Lawrence J. Zimmerman, we have more than two and a half decades of experience helping clients fight against all kinds of serious charges. Contact our office today to book a consultation and find out more about your case and secure an aggressive, committed defense.