Aggravated Assault Defense in Atlanta
A Former Prosecutor Personally Handles Every Accepted Case
An aggravated assault allegation may involve an arrest, a bond decision, an active investigation, or a pending indictment. The defense can turn on the alleged intent, the object or weapon involved, witness accounts, recordings, injuries, physical evidence, and whether the conduct was accidental or legally justified.
We draw on Matthew T. McNally’s experience as a former Assistant District Attorney to assess the state’s theory and identify issues requiring prompt attention. Early review can be especially important while evidence is still available and the prosecution is building its case.
Call (678) 918-4421 to discuss the allegation directly with our Atlanta aggravated assault attorney and understand your immediate options.
What Makes an Assault Charge Aggravated in Georgia?
Under O.C.G.A. § 16-5-21, an assault allegation can become aggravated based on the alleged intent, weapon or object, strangulation claim, or firearm discharge. The prosecution may allege intent to murder, rape, or rob; use of a deadly weapon or an object likely to cause serious bodily injury; use of an object likely to cause strangulation; or certain unjustified firearm discharges from a vehicle or immediately after exiting one.
The general punishment is one to 20 years in prison, but different minimum terms and sentencing rules may apply. The specific exposure depends on the charged subsection, alleged victim, relationship, location, firearm allegation, and other facts. Reviewing the indictment or accusation is necessary to determine the prosecution’s theory.
Nearly Two Decades of Criminal Defense Experience
Matthew T. McNally has nearly two decades of criminal defense experience and has spent thousands of hours in court advocating for clients. He personally handles every case we accept rather than passing the representation to a junior lawyer.
That direct involvement is important when a felony charge rests on disputed intent or rapidly developing evidence. His prior prosecutorial work informs how we evaluate the state’s evidence, anticipate its arguments, and prepare for each stage of the Georgia criminal process.
How We Build an Individualized Defense
We develop each defense around the charge language, procedural posture, available evidence, and our client’s account. Representation may begin during an investigation or after an arrest and continue through negotiations, motion practice, and trial preparation when appropriate.
Our review may address:
- The prosecution’s evidence: Police reports, recordings, photographs, medical information, physical evidence, communications, and witness accounts.
- Intent and identification: Whether the evidence reliably identifies the accused and supports the alleged intent.
- The weapon allegation: Whether an object was used as claimed and qualifies under the charged statutory category.
- Justification: Whether the circumstances support self-defense, defense of others, or defense of habitation.
- Constitutional issues: Whether investigators obtained statements or evidence through an unlawful search, seizure, or interrogation.
Other issues may include accident, mistaken identity, inconsistent testimony, or competing interpretations of video and digital evidence. We identify the issues supported by the facts and prepare for both courtroom and nontrial proceedings without assuming a particular outcome.
Serving Atlanta & Surrounding Counties
Our practice represents clients facing assault and violent-crime allegations in Atlanta and the surrounding counties of Cobb, DeKalb, Douglas, Fulton, Gwinnett, Clayton, and Paulding.
The Stories That Matter Most
Read Recent Client Reviews
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I think I was still in shock yesterday and it was not until last night that the full impact of what you accomplished hit me. YOU ARE AMAZING.- Former Client
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When the case looked negative, and numerous opportunities were given to surrender, you showed determination and we pushed through.- Former Client
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Nobody has ever heard of such an outcome in Douglas County (even the bailiffs were surprised with the judge's decision) It was the best outcome possible.- Eric
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Team McNally, My experience with you all was nothing short of exceptional.- Ian