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How much time can you get for aggravated assault in Georgia? how do you plead not guilty by reason of mental illness?

Mcdonough, GA |

My step-son was arrested for aggravated assault. He has never been in trouble before. Unfortunately, the assault was against me. He was definitely not thinking! He threw me against a wall and held a knife to my throat. I got away unharmed. I ran to a neighbors and they called the police. The state is ordering a mental evaluation since he did not see anything wrong with what he did. I don't want him to get lost in the system and I want him to get help if the evaluation shows a illness. how much time could he get for this and should we push for time in a hospital versus jail. I did not press charges but the police officers did. if it wasn't family i wouldn't try to help due to the pain and trauma i went through but I am at a loss of what to do so his life isn't ruined forever. Please advise.

Attorney Answers 4


  1. Aggravated assault carries a maximum of 20 years in prison. You can't really "push for time in a hospital versus jail" with the reason being too complicated to explain in this forum. You need to hire your son an experienced lawyer immediately. That lawyer can help devise a plan so his life is not "ruined forever." Feel free to call me if you would like to discuss this situation in more detail.


  2. Your step-son needs to have an experienced attorney representing his interests. If the prosecutor does not believe that you, as the victim, are pushing for severe punishment in the case they may be more willing to consider alternative sentencing, but they won't just let you dismiss the charges (they control the prosecution of the case).

    He needs an attorney working on his behalf right away.

    Jamie Hernan
    Hernan Law Firm
    Telephone: (678) 275-4000
    Free initial consultations

    DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.


  3. Here is information to contact the victim advocates at the office of Tommy K. Floyd, Henry County District Attorney: Tel: (770) 288-6400 / http://www.co.henry.ga.us/DistrictAttorney/VictimServices.shtml.

    Besides hiring your step-son and experienced local attorney, you should contact the victim advocate and demand an meeting with Mr. Floyd. When I was a prosecutor, folks who did that often found family issues resolve themselves according to family wishes.

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.


  4. The best way you can help him is to get him an attorney. He needs an attorney immediately. The attorney should do what is best and in the best interest of the client. If he does not have an attorney and you would like to discuss the matter further, please feel free to give my office a call at 404-636-6616.

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