Aggravated Assault

Aggravated Assault Attorney in Cobb County

Protecting Your Rights & Future in Cobb County

Facing charges of aggravated assault in Cobb County can be an intimidating experience. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we recognize the seriousness of your situation and are prepared to offer personalized legal support and a strategic defense. Our knowledgeable legal team, which includes former District Attorneys, brings valuable insider understanding to your case, ensuring a comprehensive and informed approach to your defense.

Cobb County's legal system takes a rigorous stance on aggravated assault, emphasizing public safety and often resulting in severe penalties for those convicted. With our deep understanding of local court procedures and community ties, we strategically navigate these complex legal landscapes.

Choosing Smith, Schnatmeier, Dettmering & Kilgo, LLP means trusting your case to a firm committed not only to legal defense but also to guiding you through the life-altering impact of criminal charges. We pride ourselves on providing both legal solutions and genuine support during these challenging times. Our commitment extends beyond representation; we guide you through the entire process, providing clarity and actionable advice at every step.

Our experienced Cobb County aggravated assault attorneys are ready to protect your rights and fight for your future. Call (770) 599-5328 us now or contact us online for a free, confidential consultation.

Understanding Aggravated Assault Laws in Georgia

In Georgia, aggravated assault is a felony-level offense defined in the Official Code of Georgia Annotated (O.C.G.A.) § 16-5-21. Unlike some states that use a general "aggravated assault" definition, Georgia law specifies a number of distinct ways this crime can be committed. These charges are distinguished by the accused's mental state, the level of injury caused or attempted, and the presence of weapons or specific victims. A knowledgeable aggravated assault lawyer in Cobb County will quickly analyze the precise charge you face.

Key Elements That Constitute Aggravated Assault:

A person commits aggravated assault if they commit a simple assault (an attempt to cause a violent injury or an act that places another in reasonable fear of immediately receiving a violent injury) with one of the following aggravating factors:

With intent to murder, to rape, or to rob.
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.
By discharging a firearm from within a motor vehicle toward a person or persons.
Assault against specific victims or in specific locations.

Penalties and Collateral Consequences of Aggravated Assault Convictions in Georgia

A conviction for aggravated assault in Georgia carries severe and life-altering penalties, extending far beyond incarceration and impacting nearly every aspect of your life.

General Aggravated Assault (no other enhancements):
- Classification: Felony.
- Imprisonment: Not less than 1 year but not more than 20 years.
- Note: The law provides a wide range, but judges often impose sentences within this range based on aggravating/mitigating factors.
Enhanced Aggravated Assault (with specific victims/factors):
- Against a Peace Officer: Not less than 5 years nor more than 20 years in prison.
- Against a Person 65 or Older: Not less than 3 years nor more than 20 years in prison.
- Against a Family Member: Not less than 3 years nor more than 20 years in prison.
- With Intent to Rape a Child Under 14: Not less than 25 years nor more than 50 years in prison. This is a particularly severe mandatory minimum for which a skilled aggravated assault lawyer in Cobb County will fight to avoid.
Fines: Can range up to $10,000.
Restitution: Mandatory order to pay full restitution to victims for medical expenses, lost wages, and other damages.
Mandatory Minimum Sentences: Many of these offenses, particularly those against protected victims, carry mandatory minimum prison sentences (e.g., 5 years for assaulting a peace officer, 3 years for assaulting an elderly person), severely limiting a judge's discretion.
Probation/Parole: While probation may be possible for some first-time offenders, parole eligibility for aggravated assault is often restricted, as it is considered a "serious violent felony" (O.C.G.A. § 17-10-6.1) that requires offenders to serve a significant portion of their sentence (e.g., 85%) before becoming eligible for parole.

Collateral Consequences

An aggravated assault conviction brings severe and lasting consequences beyond direct legal penalties. It results in a permanent criminal record, which effectively eliminates future employment opportunities, housing, and educational prospects. If you hold a professional license, a conviction will almost certainly lead to its suspension or permanent revocation, effectively ending your career.

Furthermore, a felony conviction results in the loss of voting and firearms rights, and causes profound reputational damage. The criminal charges will likely run parallel to civil lawsuits from victims. For non-U.S. citizens, a conviction triggers severe immigration consequences including deportation, while convictions involving domestic violence can significantly impact family law matters like child custody.

Our Approach to Defending Aggravated Assault Cases

Tackling aggravated assault charges demands attention to every case detail. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, our approach includes:

Comprehensive Case Evaluation: We conduct thorough investigations to gather evidence and identify weaknesses in the prosecution's case.
Tailored Defense Strategies: Our dual insight as former prosecutors and defense attorneys allows us to craft strategies that anticipate the opposition's moves.
Collaborative Client Involvement: We work closely with you, ensuring that all aspects of your story are heard and incorporated into your defense.
Proactive Communication: Keeping you informed at every step, we aim to alleviate the stress and uncertainty of the legal process.

Our rigorous evaluation process includes detailed reviews of police reports, physical evidence examinations, and consultations with experts as needed. This allows us to identify inconsistencies or procedural errors that could bolster your defense. We focus on finding mitigating factors influencing plea negotiations or sentencing, such as your background or character references.

Why Choose Our Aggravated Assault Defense Services

We understand the legal system can be intimidating, but at Smith, Schnatmeier, Dettmering & Kilgo, LLP, we're here to ease that burden. From your first contact, you'll receive attentive, personalized support addressing specific concerns and legal needs. We offer an initial consultation to discuss case particulars, answer pressing questions, and outline potential steps. Our approach illustrates the legal journey and how we intend to stand by your side, aiming for the best possible outcome.

Insider Knowledge: Our background includes prosecutorial experience that uniquely equips us to develop robust defense strategies.
Extensive Experience: With over 100 years of combined litigation experience, our legal team is well-versed in handling a range of criminal matters.
Outstanding Credentials: Our attorneys have been recognized with Superb Avvo ratings, Super Lawyers listings, and AV Preeminent® ratings.
Client-Focused Communication: We prioritize clear and constant communication throughout the legal process, ensuring your questions are answered promptly.

Contact Us Today for a Strong Defense

Facing an aggravated assault charge can be daunting, but you do not have to face it alone. Reach out to Smith, Schnatmeier, Dettmering & Kilgo, LLP for compassionate and informed legal support. Our team is dedicated to protecting your future and ensuring that you receive fair representation in the Cobb County courts system.

Call us at (770) 599-5328 to schedule a consultation and take the first step toward resolving your legal challenges.

What Sets Us Apart

Constant Contact with Client
Results Oriented
Personalized Attention
100+ Years of Combined Experience

Recognized for Our Excellence

Frequently Asked Questions

Facing an aggravated assault charge in Cobb County is a serious legal matter that demands clarity and swift action. To help guide you, we’ve compiled answers to some of the most common questions we receive from clients facing these charges.

How is Aggravated Assault Different from Simple Assault?

While simple assault generally refers to attempts or threats to cause physical harm, aggravated assault is escalated by factors like weapon use, intent to kill, or the extent of the injury. For example, threatening someone with a firearm, even without pulling the trigger, could qualify as aggravated assault. Georgia law takes these elements seriously, which is why legal representation is essential to clarify what charges truly apply. We evaluate whether prosecutors have overcharged or mischaracterized the situation and advocate for accurate, fair treatment.

What Should I Do After an Arrest for Aggravated Assault?

The most important step is to remain silent and avoid providing statements to law enforcement until you've spoken with a defense attorney. Contact Smith, Schnatmeier, Dettmering & Kilgo, LLP right away. Avoid social media activity and keep a detailed account of the arrest and interactions with law enforcement. These early details can prove critical in building your defense and preventing missteps that could harm your case later on.

What Defenses Are Available for Aggravated Assault Charges?

Several defenses may apply, such as self-defense, defense of others, lack of intent, or mistaken identity. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we examine each detail of your case—police reports, witness statements, and physical evidence—to identify opportunities to challenge the prosecution’s narrative. In many instances, what appears as assault may actually be a justified response to a threat. Our team uses this nuance to construct compelling arguments in your favor.

Can Aggravated Assault Charges Be Dropped or Reduced?

Yes, in certain cases, charges may be dropped or reduced through negotiation with prosecutors, especially if the evidence is weak or your actions were misinterpreted. Our attorneys, who have served as prosecutors themselves, use their insights to anticipate legal strategies and push for favorable resolutions. Whether through plea agreements, pretrial diversion, or aggressive defense at trial, we pursue every option that serves your best interest.

What If the Alleged Victim Doesn’t Want to Press Charges?

Even if the alleged victim asks not to press charges, the state can still pursue the case. Prosecutors often continue with aggravated assault charges regardless of the victim's wishes, especially if a weapon was involved or serious injury occurred. However, the victim’s cooperation (or lack thereof) can influence the strength of the prosecution’s case. We help you navigate these dynamics and use all available information to weaken the charges.

Will an Aggravated Assault Conviction Stay on My Record?

Yes, a conviction for aggravated assault will result in a permanent felony on your criminal record. This can affect employment, housing, and civil rights such as voting or owning a firearm. That’s why early intervention and a strong legal strategy are critical. In some cases, first-time offenders may be eligible for conditional discharge or alternative sentencing that avoids a felony conviction.

How Can Smith, Schnatmeier, Dettmering & Kilgo, LLP Help Me Through This Process?

Our firm combines deep legal knowledge with real-world prosecutorial experience. We tailor each defense to the facts of your case, communicate clearly about risks and options, and fight for the most favorable result. We don’t just represent you—we advocate for you. From pretrial motions to courtroom defense, we’re by your side every step of the way.

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Client Experiences

Hear from those we've represented in their legal battles.

Thank you, Ben Smith, for your time, knowledge, and your thoroughness and wisdom

Former Client
Ben, I was very impressed with how you handled everything.

Jeff
Mr. Schnatmeier made the experience as painless as possible. He was very responsive and I was pleasantly surprised by how available he was.

Anonymous