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Assault and Battery

A criminal defense attorney is your best bet when accused of Assault & Battery

Assault and Battery are serious charges in Georgia and they affect your life in a major way. If you are found guilty, then it can mean:

  • Jail time
  • Significant Probation
  • Fines
  • Problems with present and future employment
  • Issues with the professional licensing you need for your job
  • Permanently on your Record

If you have been accused,  you need to contact our experienced criminal defense lawyers as soon as possible. The Don Turner Legal Team has the experience you need to fight your case, perhaps getting your charges reduced or even dismissed entirely.

Does it count as a misdemeanor or a felony charge?

In Georgia, just touching someone against their will can be counted as “simple battery,” which is a misdemeanor. This usually means that the offense did not include weapons or serious injuries. An “aggravated” battery charge involves serious injuries to the victim or use of a weapon and is a felony.

What happens to you if you are charged?

The penalties will vary depending on the severity of the charge.  You should contact our criminal defense attorney for specifics on your charges but in general:

  • Simple assault and battery are misdemeanors and carry a sentence of up to 12 months in jail with a $1000 fine.  Depending on the facts, could be charged as a High and Aggravated Misdemeanor (see below)
  • Aggravated assault and battery  are felonies and carry up to 20 years in prison with heavy fines.

Simple Battery - Misdemeanor

The Official Code of Georgia 16-5-23 lays out the definition of Simple Battery and possible punishments.  Simple Battery is defined as intentionally making physical contact of an insulting or provoking nature with another person, or intentionally causing physical harm to another person.  This offense requires that physical contact be made.  Substantial or visible harm is not required.  The term "insulting or provoking nature" does not necessarily mean that the other person is injured.  Whereas "physical harm" includes a touching that goes beyond insult to the infliction of pain.

Simple Battery Punishment:

An individual charged with Simple Battery is charged with a misdemeanor crime.  The maximum punishment allowed by law is 12 months incarceration and a $1,000.00 fine.  This does not necessarily mean all individuals charged with this crime will receive this punishment.  

If the victim is 65 years old or older, a family member, police officer, public school employee, or pregnant woman, then it will be charged as a High and Aggravated Misdemeanor (maximum fine of $5,000.00).

Aggravated Battery - Felony

The Official Code of Georgia (OCGA) 16-5-24 defines Aggravated Battery and possible punishments.  Aggravated Battery is defined as maliciously (with intent and without justification or serious provocation) casing bodily harm to another person by either depriving him of a member of his body, by rendering a member of his body useless, or by seriously disfiguring his body or a member thereof.

Aggravated Battery Punishment:

The punishment for a conviction of Aggravated Battery is anywhere from 1 to 20 years in custody or probation.  Depending on certain circumstances the minimum and maximum punishment could vary:

  • Family member victim (other than siblings) is 3 to 20 years
  • 65 year old or older victim, public transit vehicle or station employee, student or school personnel is 5 to 20 years
  • Peace officer or correctional officer victim is 10 to 20 years

Simple Assault - Misdemeanor

OCGA 16-5-20 defines Simple Assault and possible punishments.  Simple Assault is defined as when someone attempts to commit a violent injury to another person or commits an act which places the other person in reasonable apprehension of immediately receiving a violent injury.  No actual contact is required with this charge.

Simple Assault Punishment:

An individual charged with Simple Assault is charged with a misdemeanor crime.  The maximum punishment allowed by law is 12 months incarceration and a $1,000.00 fine.  This does not necessarily mean all individuals charged with this crime will receive this punishment.  

If the victim is 65 years old or older, a family member, police officer, public school employee, or pregnant woman, then it will be charged as a High and Aggravated Misdemeanor (maximum fine of $5,000.00).

Aggravated Assault - Felony

OCGA 16-5-21 defines Aggravated Assault and possible punishments.   A person commits the crime of Aggravated Assault when with the intent to murder, rape or rob, with a deadly weapon or any object, device or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, or without a legal justification, discharges a firearm from within a motor vehicle toward another.

Aggravated Assault Punishment:

An individual charged with Aggravated Assault is charged with a Felony.  The punishment for a conviction of Aggravated Assault is anywhere from 1 to 20 years in custody and/or probation.  Depending on certain circumstances the minimum and maximum punishment could vary and there may a required mandatory minimum time in custody:

  • Family member victim (other than siblings) is 3 to 20 years
  • 65 year old or older victim 3 to 20 years
  • Peace officer or correctional officer victim is 5 to 20 years

If you or a loved one are charged with either Battery or Assault in Georgia, it's important that you hire an attorney that is knowledgeable in these cases to help investigate possible defenses.  In addition, it is important to know and understand the differences between the charges: as misdemeanors or felonies.  If you are initially charged with a felony Battery or Assault, it is quite possible to have the charge reduced to the misdemeanor.

An experienced attorney will be the best chance you have at protecting yourself, your liberty, and your record.  Call us today at 770-594-1777 to set up your free consultation with an experienced attorney today.

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Let us know how we can help you.

We are committed to bringing you satisfactory results on your case. Our goal is to ensure that every client feels comfortable and confident with our representation. We are here to help you - regardless of the issues you are facing. Our team is prepared to guide you and provide you with the steps you need to take.

Office Location

1160 Grimes Bridge Road
Building B
Roswell, GA 30075
770-594-1777
Mon, Tue, Wed, Thu, Fri: 8:00am - 5:30pm
Saturday & Sunday By Appointment