Defining Violent Crime
Convictions for violent crimes in Georgia can result in significant consequences for a defendant. These consequences may include time spent in jail or state prison, as well as the stigma that comes with becoming a convicted criminal. Individuals accused of a violent crime should be aware of the penalties that can be associated with it.
What Constitutes a Violent Crime
Violent crimes are criminal acts in which a perpetrator uses force, or the threat of force, against a victim. This definition applies whether violence is the objective of the crime, as is assault or murder, or if the violence becomes a tool to accomplish another crime like robbery.
The consequences of violent crimes will vary depending on the nature of the offense, the severity of the violent crime committed, and a list of other factors that include:
- Prior offenses
- Relationship to the victim
- Past violent history with the victim
- Whether the victim is a public servant
- Whether the victim is pregnant
- Age of the victim
- Types of Violent Crimes
- Types of Violent Crimes
What Georgia considers a violent crime covers a wide range of offenses. If individuals in the Atlanta, Georgia area are accused of these or other serious felony charges, they may need to seek the assistance of a criminal defense attorney.
Assault and Battery
Assault and battery occur when a perpetrator acts in a threatening manner towards a victim and then follows up with offensive touching or bodily injury. It is important to note that the force used in an assault and battery does not necessarily need to be intentional. Applied force through negligence constitutes battery.
This offense includes acts of violence against a member of the same family or household, as well as those you have an intimate relationship with. Convictions for domestic violence can lead to jail time, loss of employment, loss of custodial or visitation rights with children, and the loss of any professional licenses the convicted person may hold.
This offense involves the human transport from one location to another and keeping them against their will. Kidnapping often involves concealing the possession of the victim from others. Felony charges for kidnapping in Georgia carry a minimum 10-year sentence in prison upon conviction.
Armed robbery is when a perpetrator intentionally deprives a victim of his or her property through the use of an offensive weapon. The use of replica weapons, or other objects represented to the victim as a weapon, also applies under this law. Georgia lawmakers view armed robbery with great seriousness, and the first conviction on this felony charge brings a minimum prison sentence of ten years. It is important to state that this ten-year sentence does not include the opportunity for early release.
Sex-related violent crimes are among the most serious criminal accusations possibly made against a person in Georgia. The stigma attached to these crimes often makes an accused person feel like they have lost the case even before beginning to mount their defense against the charges. The reality of the situation is that individuals charged with sexual assault will need a vigorous defense to avoid the years of incarceration, excessive fines, and mandatory registration as a sex offender that can result from a conviction. The main element in the majority of sexual assault cases is the issue of consent. The consent to have sex cannot happen due to intimidation, coercion, intoxication, or physical force. Minors under the age of 16 are also not legally able to consent to sex.
Murder is at the top of the list of serious violent crimes in Georgia, with the minimum penalty being a life sentence in prison and maximum being captial punishment. The possibility of parole does not apply to the most severe cases. Since these are extremely high-stress cases, it’s important to seek counsel from a defense attorney if charged.
Know Your Rights - Schedule a Consultation with Nick Lotito & Seth Kirschenbaum
Violent crimes are investigated and prosecuted aggressively in Georgia. Individuals in need of an Atlanta criminal defense attorney, to help defend against these charges, can make no better decision for themselves than to reach out to }.
We offer free consultations for any kind of case - call (404) 471-3177 to schedule yours today.