In Atlanta, the assault laws include offenses for assault and battery. Both acts are taken very seriously in the eyes of the law. Depending on the details of the charges, both assault and battery acts can be charged as either a misdemeanor or a felony offense.
The difference between assault and battery is simple. Assault occurs when someone threatens or attempts to harm another person. Battery occurs when someone actually makes physical contacts with another person and potential physical harm is involved.
Both offenses have varying degrees of offense. Assault and battery can be categorized as simple or aggravated. If you have been charged for either of these crimes, you should contact our team of criminal defense attorneys today to make sure your rights are protected during your legal proceedings. Don’t let one outburst of emotion negatively impact the rest of your life.
Simple Assault Charges in Atlanta
Simple assault (O.C.G.A. §16-5-20) is described as the attempt to violently injure someone or putting a 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.
However, it's important to note that there are circumstances that can elevate the charge to a high and aggravated misdemeanor, which leads to more significant penalties. These circumstances include, but are not limited to, assaults involving a firearm, public transportation, or domestic assault.
Assault crimes committed against a pregnant woman, a public school employee, a senior citizen or a police officer will also lead to a aggravated misdemeanor charge.
Aggravated Assault Charges in Atlanta
Aggravated assault (O.C.G.A §16-5-21) is described as assaulting someone with the intent to murder, rape, or rob them. You can also be charged for aggravated assault if you use a deadly weapon, an 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 one to 20 years in prison, fines, and restitution.
Simple Battery Charges in Atlanta
Simple battery (O.C.G.A §16-5-23) is described as intentionally making physical contact, in an insulting or provoking nature, 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 leads to more significant penalties.
Aggravated Battery Charges in Atlanta
Aggravated battery (O.C.G.A §16-5-24) is described as intentionally and maliciously inflicting serious injury to a victim. These injuries include losing a limb, losing the use of a limb or serious disfigurement. Serious disfigurement offers a wide interpretation; it could range from a visible scar to broken bones that result in an alteration of one’s appearance.
As a felony, aggravated battery can carry penalties of one to 20 years in prison, fines and restitution.
Contact Our Team of Experienced Atlanta Assault and Battery Attorneys Today
Patrick McDonough and Trinity Hundredmark have combined for more than 30 years of experience representing clients facing assault and battery charges. For more information on how we will diligently review your case, call our law office today at (770) 822-0900 for a free case evaluation.
At Andersen, Tate & Carr, we have been very successful at reaching the best possible outcome for our clients, and our attorneys are here to help you through this difficult and stressful time.