Q: Can an accidental firearm display lead to a lowered or dismissed aggravated assault charge in Georgia?
I am facing a pending aggravated assault charge in Georgia after an argument with a store clerk who threatened me. During the argument, my firearm became accidentally visible, but it was never pointed at the clerk, and there was no physical contact. There is video footage of the incident, and initially, the police did not see anything until they reviewed it from another angle. This is my first time getting in any trouble with the law. Can the charge be lowered or dismissed given these circumstances?
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A:
Given the circumstances of your case, there may be options to have the charge lowered or even dismissed, but it depends on several factors. In Georgia, aggravated assault typically involves the intent to cause serious bodily harm or the use of a weapon in a threatening manner. If your firearm was accidentally displayed and not aimed at the clerk, and there was no physical altercation, this could work in your favor.
The fact that this is your first offense, and there is video footage showing that the firearm was not used in a threatening way, may provide grounds for your defense. The video could help demonstrate that the display of the firearm was unintentional and that you did not intend to cause harm. Depending on how the prosecution views the evidence and the circumstances, they may be open to reducing the charge or offering a plea deal.
It’s important to work with an attorney who can analyze the case, review the evidence, and negotiate with the prosecution. They may be able to argue for a reduction of the charge or advocate for an alternative resolution, such as probation or a diversion program, especially since there was no physical harm or threat to the clerk.
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