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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25864
Experience:  10+ years defending Misdemeanor and Felony cases.
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My fiance is going to court for aggravated assault on a police

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My fiance is going to court for aggravated assault on a police officer.He pulled out a gun but did not fire it at all. I would like to know what he can be convicted for.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.

Aggravated assault is a crime in which a person illegally attempts to and is able to commit violence against another individual. Listed below are some examples of crimes which may constitute assault:

  • Assault with a deadly weapon
  • Assault with intent to cause serious physical pain
  • Physically attacking an individual
  • Threatening to cause physical harm
  • Causing fear in others by threats or endangerment
  • Intention to commit battery

If you are convicted of aggravated assault in the above circumstances, you face 1-20 years in prison.

 

Some aggravating circumstances could potentially change the sentence in your assault case.

  • If the assault is against a police officer or correctional officer performing their job duties, you would face 5-20 years.
Customer: replied 8 years ago.
I know he can face upto 5-20 years but I want to know if the fact that he did not fire could help him any and that he's going to school?
Expert:  CrimDefense replied 8 years ago.
Had he fired, he could be charged with a more serious crime. Based on the facts you provided, it sounds like he was properly charged by the State of Georgia. Depending on the circumstances surrounding the reason he pulled the gun, will determine if he has any legal defenses, that are worth fighting at trial. Him being in school will not make a difference in this situation. If you cant afford a private attorney, he can apply for the services of the public defense, at his next court appearance.
Customer: replied 8 years ago.
If I dont have the money what can i do?
Expert:  CrimDefense replied 8 years ago.
The public defender is a FREE attorney. It will not cost you or him, anything.
Customer: replied 8 years ago.

Do you know of anyone that has recived the same charges and recived probation or anything less then prison time?

Expert:  CrimDefense replied 8 years ago.

I personally do not know of anyone. If there are mitigating factors to justify the gun being pulled, he may be able to get a plea bargain. Once his attorney looks into the facts surrounding his case, he will get a better idea of what he is facing as a sentence.

 

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