Simple Assault
Simple assault is defined as an attempt to inflict a violent injury upon another. It does not matter that the violent injury did not take place. The attempt to commit the injury is all that is required. This is a misdemeanor which carries a maximum sentence of one year incarceration and/or $1000 fine.
Aggravated Assault
Aggravated assault is a crime in which a person illegally attempts to and is able to commit violence against another individual. Listed below are some examples of crimes which may constitute assault:
- Assault with a deadly weapon
- Assault with intent to cause serious physical pain
- Physically attacking an individual
- Threatening to cause physical harm
- Causing fear in others by threats or endangerment
- Intention to commit battery
Georgia law provides that a person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to 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; or (3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
A person convicted of the offense of aggravated assault in a manner named above shall be punished by imprisonment for not less than one nor more than 22 years.
A person who knowingly commits the offense of aggravated assault upon a peace or correctional officer while the officer is engaged in his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 22 years.
Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 22 years.
Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 22 years.
Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 22 years.
If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, step-parents and step-children, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 22 years.
Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years.
Simple Battery
A common definition of simple battery is "use of physical force with the intent of harming a person." As the harm must be intentional for battery to occur, actual injury does not need to be physical, it may be emotional, financial, or verbal to be considered battery.
Georgia Code 16-5-23(a) states that "A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another."
This is a misdemeanor which carries a maximum sentence of one year incarceration and/or $1000 fine.
Aggravated Battery
A person commits the crime of aggravated battery when he maliciously does one of the following: (1) deprives a victim of a member of his body; (2) renders a member of a victims body useless, or (3) seriously disfigures a victim.
Aggravated Battery is a felony punishable by a sentence of incarceration from one to twenty years.
At the office of Daniels & Taylor, P.C. Attorney Tony A. Taylor brings over 22 years of experience to individuals charged with assault & battery in the State of Georgia. He has a comprehensive understanding of the law and of the tactics used by the state in assault & battery crime prosecutions. In addition to extensive trial experience, we will use our negotiation skills in dealings with the Court and the district attorney's office to bring about resolutions that are in the best interests of our clients.
When you hire Daniels & Taylor, P.C. to defend you on charges of assault & battery, we will conduct a thorough investigation of the facts and circumstances surrounding your arrest so that we can identify all procedural and substantive defenses. We will review the details of your arrest to determine whether there was probable cause for any search, seizure or arrest, and whether you were properly advised of your rights before any statements were taken. We will also verify that law enforcement officers followed constitutional safeguards while gathering any evidence.
Contact Us
For more information or to schedule an appointment for a free office consultation with an experienced lawyer regarding a assault & battery charge please contact us.
