Assault and Battery

Assault and battery are two separate offenses in Georgia, but they are often charged together. Assault is the crime of threatening violence, while battery is a completed act of physical violence. Both crimes are broken down by degree and can be charged as “simple” and “aggravated” assault or battery. Simple assault and battery are misdemeanor crimes, while aggravated assault and battery are felonies.

If you are facing assault and battery charges in Georgia, you need caring, compassionate, and effective legal representation. Atlanta, Georgia, assault lawyer Megan Ballard Mitchell is an experienced and forceful advocate for her clients who knows how to get results.

Understanding Georgia Assault and Battery Laws

Assault and battery are serious crimes that carry severe penalties.

Simple Assault

A person commits the offense of simple assault (Georgia Code §16-5-20) when they: (1) attempt to commit a violent injury to another person;  or (2) commit an act which places another person in reasonable apprehension of immediately receiving a violent injury.

Aggravated Assault

Under Georgia Code §16-5-21, a person commits the crime of aggravated assault when they commit an assault:

1. With the intent to murder, rape, or rob;
2. With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
3. With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation;  or
4. Against a person without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

Simple Battery

Under Georgia Code §16-5-23, simple battery occurs when a person either:

1. Intentionally makes physical contact of an insulting or provoking nature with another person; or
2. Intentionally causes physical harm to another.

Aggravated Battery

Aggravated battery (Georgia Code §16-5-24) occurs when a person maliciously causes bodily harm to another person by depriving them of a member of their body, by rendering a member of their body useless, or by seriously disfiguring their body or a part of their body.

Penalties for Georgia Assault and Battery

In Georgia, simple assault and battery are misdemeanor offenses, punishable by a fine of up to $1,000 and up to one year in jail.

The crimes of aggravated assault and battery are felonies, punishable by up to 20 years in prison. If the offense involves a firearm, the offense carries a minimum of 10 years in prison. Aggravated battery committed against a police officer carries a sentence of between ten and 20 years in prison and a minimum fine of $2,000.

“Domestic” Assault and Battery

A crime is considered a “domestic crime” if it occurs between spouses, ex-spouses, or people who share a child, parents and children, step-parents and step-children, foster parents and foster children, or people who live together or used to live together in the same household (but who are not siblings).

Contact An Assault Lawyer for Defense Against Georgia Assault and Battery Charges

If you have been charged with assault and battery in Georgia, you need an aggressive defense from an experienced assault lawyer. Possible defenses to charges of assault and battery include:

• Self-defense
• Defense of others
• Defense of property
• Consent
• Lack of physical contact

An assault and battery conviction carries severe consequences that can follow you for the rest of your life. Megan Ballard Mitchell is an experienced, compassionate, and aggressive assault lawyer who can help you avoid many of the most severe consequences of a Georgia assault and battery charge.

An assault and battery conviction carries severe consequences that can follow you for the rest of your life. Megan Ballard Mitchell is an experienced, compassionate, and aggressive assault lawyer who can help you avoid many of the most severe consequences of a Georgia assault and battery charge.