What defenses are available for aggravated assault in Georgia?
Aggravated assault under O.C.G.A. 16-5-21 is a serious felony that generally involves an assault committed with a deadly weapon or with the intent to commit another felony. The defenses available depend on the specific elements the prosecution must prove, since each element offers a potential point of contest.
Self-defense often takes center stage. Where the alleged assault was in fact a response to a threat, the justification in O.C.G.A. 16-3-21 can come into play, so long as the force used answered the danger reasonably. How reasonable the response was tends to be the pivotal issue.
The required mental state invites scrutiny. Aggravated assault is not a strict-liability offense, so evidence that conduct was accidental, or lacked the specific purpose the charge demands, strikes at a core element. The gap between a deliberate act and an accidental one can decide the case.
The deadly weapon element can also be relevant. Where the charge rests on the use of a deadly weapon, the analysis may consider whether an object qualifies as one and how it was actually used, since an everyday object can become a deadly weapon depending on the manner of its use while in other circumstances it may not. The nature and use of the object are examined closely here.
Defending an aggravated assault charge generally involves examining self-defense, the required intent, and the deadly weapon element. The reasonableness of any force used, the proof of intent, and the circumstances of the alleged weapon are among the avenues available for contesting the charge.