Assault and battery are related charges, but Georgia law defines them differently. What it comes down to, though, is threatening or carrying out violence against another person. Being convicted of assault and/or battery can have devastating consequences on your life. You may be unable to find a good job, you may be denied housing, and your reputation may be ruined.

That’s why it’s so important to speak with a Duluth assault and battery lawyer as soon as you are charged or arrested. At Andersen, Tate & Carr, our legal team has represented NFL players, Olympic athletes and everyday citizens for over 30 years. Since 1988, we have helped those charged with crimes get their charges reduced or dropped altogether.

To speak with a Duluth assault and battery lawyer at Andersen, Tate & Carr, call us at 770-822-0900 or contact us online for a free, confidential consultation.

Assault Laws in Georgia

Generally, assault is defined as making a credible threat of harm or violence against another person. It doesn’t have to involve actually causing harm to someone. That threat of harm or violence may be in words, or it might involve menacing gestures, such as holding someone at knifepoint. Attempting to cause violence against a person is also considered assault. There are two forms of assault under Georgia law: simple and aggravated.

According to O.C.G.A. § 16-5-20, simple assault occurs when one person attempts to commit violence against someone, or they act in a way that makes another person believe they will commit violence against them. Generally, simple assault is a misdemeanor, carrying a fine of no more than $1,000 and/or jail time up to a year. However, assault of a “high and aggravated nature” carries a fine up to $5,000.

Aggravated assault, according to O.C.G.A. § 16-5-21, occurs when a person commits assault with the intent to rob, murder or rape the victim. A person may also commit aggravated assault when they use a deadly weapon, or otherwise a weapon that can cause serious bodily harm. Generally, aggravated assault is a felony that carries one to 20 years of jail time in Gwinnett County. However, there are many exceptions to these sentencing guidelines.

Georgia Battery Laws

While assault does not always include actual bodily injury, battery does. According to O.C.G.A. § 16-5-23, simple battery is defined as intentionally making physical contact of an insulting or provoking nature with the person of another or intentionally causing physical harm to another. Mental or emotional abuse is not considered battery in Georgia. In most cases, simple battery is a misdemeanor that carries a fine of up to $1,000, and/or jail time up to a year. However, there are exceptions to this rule, depending on who the victim is and previous charges on the alleged attacker’s record.

In some cases, you may be charged with aggravated battery. Under Georgia Code 16-5-24, aggravated battery occurs when one person maliciously injures another person. A “malicious injury” is one that deprives the victim of a member of their body, renders a member of their body useless, or seriously disfigures their body. Most aggravated battery convictions carry a penalty of one to 20 years in prison, but, as is usually the case, there are exceptions to the rule, depending on who the victim is.

How a Duluth Assault and Battery Lawyer Can Help You

It’s easy to see how assault and battery are so often grouped together. But in many instances, you may be charged with one or the other. Whether you are charged with both crimes or just one, it’s crucial you seek the help of a Duluth assault and battery lawyer as soon as possible. They can review the details of your case and help you mount a strong defense.

There are a variety of defenses available for both crimes, including lack of intent, mistaken identity, simple innocence, and more. At Andersen, Tate & Carr, our experienced lawyers know how to help you get the most favorable outcome for your case. It’s what we’ve done for over 30 years.

If you’ve been charged with assault or battery in Duluth, there’s no time to lose. Depending on the nature of the incident, you may be dealing with city, county or even state police. No matter the situation, time is of the essence. Call us as soon as possible at 770-822-0900 or contact us online for a free, confidential consultation.