Though often grouped together, assault and battery are two separate crimes in the State of Georgia. However, because one often follows the other, people who are charged with one are often charged with the other as well. Both assault and battery can be charged as a misdemeanor or a felony and can have massive ramifications on your life if you are even charged with either crime — not to mention the impact if you are convicted.

At Andersen, Tate & Carr, our goal is to get a favorable outcome for your case. Our Braselton assault and battery lawyers know the local court systems and the local prosecutors. We have worked out countless favorable deals on behalf of our clients and, in many cases, proven their innocence in court.

If you have been accused of assault and/or battery in Braselton, our legal team is here to help you. We have represented thousands of clients since 1988, and we know what it takes to get a favorable outcome for you. Call us at (770) 822-0900 or contact us online today if you have been charged with assault and/or battery in Braselton.

Simple and Aggravated Assault Charges in Braselton

In Georgia, assault refers to the act of making credible threats of violence against another person or attempting to commit violence against another person. As such, actually injuring someone or making any sort of physical contact isn’t necessary for a person to be charged with assault.

There are two forms of assault under Georgia law: simple and aggravated. According to O.C.G.A. §16-5-20, simple assault is putting someone in a position to believe they will be injured, including attempting to attack them. In most cases, simple assault is a misdemeanor, carrying a penalty of up to a year in prison and/or a $1,000 fine and restitution. However, there are times when a misdemeanor charge can be elevated to a “high and aggravated misdemeanor.”

Circumstances that may lead to a high and aggravated misdemeanor include, but aren’t limited to, assaulting:

  • A pregnant woman
  • A public school employee
  • A senior citizen
  • A family member
  • A person on public transportation

Aggravated assault, on the other hand, is the act of assaulting someone with the intent to rape, murder or rob them, according to O.C.G.A §16-5-21. Aggravated assault also includes assault with a deadly weapon, among other situations. This is a felony charge, carrying a penalty of one to 20 years in prison and/or fines and restitution.

Simple and Aggravated Battery Charges in Braselton

According to O.C.G.A §16-5-23, simple battery is committed when a person “intentionally makes physical contact of an insulting or provoking nature with the person of another; or intentionally causes physical harm to another.” Simple battery is generally a misdemeanor, carrying the same penalties described above. However, it can be elevated to a “high and aggravated” misdemeanor if the crime was committed against parties or in situations listed above, among others.

Aggravated battery is described in O.C.G.A §16-5-24 as a person “maliciously [causing] 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 is a felony, carrying the above penalties. However, there are some instances in which a person may face stiffer penalties, such as if the victim was a student, teacher, or senior citizen, and more.

Speak to a Braselton Assault and Battery Lawyer Today

As you may imagine, being charged with assault or battery can have a serious impact on your life. It’s important to speak to an experienced attorney as soon as possible if you’ve been charged with this or any other crime.

The criminal defense team at Andersen, Tate & Carr is led by Patrick McDonough and Trinity Hundredmark. Together, they have over 30 years of combined experience diligently representing clients who have been accused of crimes. We know what it takes to get a favorable outcome in your case.

Speak to a Braselton assault and battery attorney today at Andersen, Tate & Carr by calling (770) 822-0900 or contact us online for a free, no-obligation consultation.