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Georgia Violent Crime Defense

Simple Assault

Simple assault is a misdemeanor charge under Georgia law. O.C.G.A. 16-5-20. A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. There does not have to be contact in order to be charged with simple assault. There are defenses to simple assault. Under subsection (a) you must have the intent to injury the other party.

In certain situations, simple assault can become a high and aggravated misdemeanor charge. High and aggravated misdemeanors may include additional fines among other sentencing considerations. If the victim of the simple assault is a family member, is 65 years or older, pregnant, a school employee, or if the simple assault occurs in a public transit vehicle or station, then the charge is considered high and aggravated.

Simple Battery and Battery

Simple battery is also a misdemeanor charge under Georgia law. O.C.G.A. 16-5-23. A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another. Simple battery differs from simple assault because there has to be contact with the alleged victim. There does not necessarily have to be an injury to prove simple battery. It may be enough that the contact is such that it insults or provokes the other person.

Battery differs from simple battery in that there must be an injury that is visible to others. It could be bruising, red marks, black eyes, bleeding, or swelling.

Both battery and simple battery can become felony charges if the victim is school personnel or there are multiple convictions against the same victim.

Family Violence

A simple battery or battery can be upgraded to family violence battery if it occurs between:

  • Spouses or former spouses;

  • Individuals who have a child together;

  • Parents and children;

  • Step-parents and step-children;

  • Foster-parents and foster-children; and

  • Individuals living or formerly living in the same household.

A family violence battery can either be characterized as a felony or a misdemeanor, depending on the past criminal history of the accused. A second conviction against the same victim for family violence battery can be sentenced as a felony.

A family violence conviction in Georgia can also impact your ability to own a firearm. It is one of the only misdemeanor offenses that impacts your firearm rights.

For more information on family violence charges, click here.

Aggravated Assault

An aggravated assault is an expansion on the simple assault statute. It includes the elements of simple assault in that you attempt to commit a violent injury to the person of another or puts that person in reasonable fear or apprehension of immediately receiving a violent injury but expands on the assault to add the elements of 1) assault with the intent to murder, rape, or rob; 2) assaults with a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely or actually does result in serious bodily injury; or 3) assaults with any object, device or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; and finally 4) drive-by without legal justification. O.C.G.A. 16-5-21

To be considered a deadly weapon, the weapon does not have to be capable on its own of inflicting serious bodily injury or death. A normal household object can be considered deadly depending on the way it is used.

Aggravated Assault is a serious felony offense under Georgia law that can carry between 1 and 20 years in prison if convicted.

Aggravated Battery

Aggravated battery is the expansion upon the battery statute. O.C.G.A. 16-5-24. A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.

Aggravated battery can be considered something as small as causing a broken bone or scarring, and include amputation, paralysis, and dismemberment. A battery which seriously disfigures a person will also be classified as an aggravated battery.

Much like the aggravated assault statute, aggravated battery is a felony offense under Georgia law that carries a sentence between 1 and 20 years in prison if convicted.