assault and battery georgia

Georgia Assault and Battery Laws

Under Georgia law, the assault laws include offenses for assault and battery, and both are taken very seriously.  Depending on the details of the charges, both assault and battery can be either a misdemeanor or a felony.

The difference between the two is rather straight forward:

  • Assault is the threat of or attempted harm of another person.
  • Battery involves actual physical contact and potential harm.

Both statues have varying degrees of offense, and they are categorized as simple or aggravated.

Georgia Simple Assault

Simple assault, codified at O.C.G.A. §16-5-20, is described as the attempt to commit a violent injury on someone or putting the person into a situation where he or she could reasonably be injured.  This means that no physical contact is necessary to be in violation of the law.  As a misdemeanor, simple assault can carry penalties of up to a year in prison, fines reaching $1,000, probation, and restitution.

In order to be found guilty of committing a simple assault a jury must find that you have either:

  1. Attempted to commit
  2. A violent injury
  3. To the person of another;

or

  1. Actually committed
  2. An act
  3. that places another in REASONABLE FEAR of
  4. immediately receiving a violent injury.

However, it is important to note that there are circumstances that can elevate the charge to a high and aggravated misdemeanor, which carries more significant penalties.  These circumstances include, but are not limited to, assaults involving a firearm, public transportation, or domestic assault, and assault crimes committed against a pregnant woman, public school employee, senior citizen, or police officer.

Our Athens GA Criminal Defense attorney has represented many clients charged with this crime. If you have been charged with simple assault in Georgia, contact our Athens Criminal Defense lawyer today. As always, free consultations.

Georgia Aggravated Assault

Aggravated assault, as codified at O.C.G.A §16-5-21, is described as assaulting someone with the intent to murder, rape, or rob; with a deadly weapon or object that could be used offensively against a person; or by shooting a firearm from within a motor vehicle toward a person or persons.  As a felony, aggravated assault can carry penalties of between one and twenty years in prison, fines, and restitution.

In order to be found guilty of committing an aggravated assault a jury must find that you have:

  1. Assaulted someone
  2. With the intent to
  3. Murder, rape or rob them;

or

  1. Assaulted someone
  2. with a deadly weapon or object that could be offensively
  3. Against a person;

or

  1. Assaulted someone
  2. by shooting a firearm from within a motor vehicle
  3. toward a person or persons.

Aggravated assault is a very serious charge and the courts often punish those found guilty of committing aggravated assault very harshly. Our Athens GA Criminal Defense attorney has successfully represented numerous clients charged with aggravated assault in Georgia. If you have been charged with aggravated assault, contact our criminal defense attorney today.

Georgia Simple Battery

Simple battery, as codified in O.C.G.A §16-5-23, is described as intentionally making physical contact of an insulting or provoking nature with or intentionally causing physical harm to another person.  As a misdemeanor, simple battery can carry penalties of up to a year in prison, fines reaching $1,000, probation, and restitution.  Similar to simple assault, it is important to note that there are circumstances that can elevate the charge to a high and aggravated misdemeanor, which carries more significant penalties.

In order to be found guilty of simple battery, a jury must find that you have:

  1. Intentionally
  2. Made physical contact
  3. which is of an insulting or provoking nature
  4. with the person of another;

or

  1. Intentionally
  2. caused physical harm
  3. to the person of another.

If you have been charged with simple battery in Georgia, our experienced criminal defense lawyer is here to help. Our Athens GA Criminal Defense attorney has successfully represented many clients in counties across the state charged with simple battery. If you or a loved one are charged with simple battery, contact our criminal defense lawyer today to schedule your free consultation.

Georgia Aggravated Battery

Aggravated battery, codified at O.C.G.A §16-5-24, is described as intentionally and maliciously inflicting serious injury to the victim, including loss of a limb, loss of use of a limb, or serious disfigurement.  Serious disfigurement offers a wide interpretation from a visible scar to broken bones that result in an alteration of one’s appearance.  As a felony, the aggravated battery can carry penalties of between one and twenty years in prison at the minimum, fines, and restitution.

In order to be found guilty of committing an aggravated battery, a jury must find that you have:

  1. Intentionally
  2. And Maliciously
  3. Inflicted serious injury
  4. To another;

or,

    1. Intentionally
    2. And Maliciously
    3. Inflicted serious disfigurement
    4. To another.

Aggravated battery is a very serious charge, and the courts in Georgia often punish those found guilty of aggravated battery very harshly.  If you or a loved one is charged with aggravated battery, schedule your free consultation with our experienced Athens GA Criminal Lawyer today. Our criminal defense attorney can help explain to you the court process, review evidence, and discuss all available defenses. Contact our criminal defense lawyer today for your free consultation.

 

Aggressive Representation. Outstanding Outcomes. If You’ve been charged with Battery or Assault call our defense lawyer today.

All Felony Charges, Including Rape, Dismissed! Outstanding Representation by our Criminal Defense Attorney!

Write a comment:

*

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

© 2019 Classic City Legal.

logo-footer