Assault & Battery

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Assault and battery convictions can come with many direct and indirect penalties and consequences. The state of Georgia does not take an assault and battery charge lightly. Once could face jail time or fines as well as marks on your record as a result of an assault and battery conviction.

Given the consequences, this kind of conviction can affect an individual for years after the fact. 

Having the proper representation to defend yourself against these kinds of charges is crucial. It is recommended you contact an experienced criminal defense attorney to fight for your rights.

Call the office of The LaScala Law Firm today (404)-881-8866. We are located in Atlanta, Georgia and serve throughout Metro Atlanta.

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Assault and Battery Charges in Georgia

Georgia, unlike many states, does not categorize criminal charges by degree or level. In Georgia there are only misdemeanors and felonies.

In Georgia, a misdemeanor is simply described as a less serious crime as compared to a felony. Meaning misdemeanors carry less jail time and a less serious punishment than a felony. There are essentially four assault and battery charges that fall under misdemeanors or felonies.

Four charges are as follows:

  • Simple Assault:

    This can be considered a simple misdemeanor or misdemeanor of a “high and aggravated nature.” It is defined as an individual attempting to commit a violent injury to someone or placing someone in a dangerous situation. For it to be considered a misdemeanor of a high and aggravated nature it must be committed in a public transit vehicle, against a school employee, or against someone who is 65 years of age or older.

  • Simple Battery:

    Similar to simple assault, simple battery is a misdemeanor. It is defined as “intentionally making physical contact of an insulting or provoking nature” or intentionally causing harm. Like simple assault it can be elevated to a misdemeanor of a high and aggravated nature for a few reasons including those detailed under simple assault above.

  • Aggravated Assault:

    This is a felony charge. It can be brought against someone for a few reasons including attempting to rob, murder, or rape, assaulting with a deadly weapon, or shooting a firearm from with a moving vehicle.

  • Aggravated Battery;

    A felony charge, Aggravated Battery is defined as maliciously causing bodily harm to another person. Bodily harm can be defined as causing bodily disfigurement or rendering another’s body part useless. Punishments for this crime can be worse if the crime is committed against certain individuals like family members (domestic violence) or public safety officers (like the police).

Penalties for Assault and Battery in Georgia:

Felony crimes: 

Aggravated Assault and Aggravated Battery can be expected to come with a minimum one-year sentence as well as hefty fines and restitution. It is important to remember that committing these crimes against certain individuals might cause the penalties to become more severe. For example, committing the crime of Aggravated Battery against a police officer can be prosecuted severely and come with a minimum 10 year sentence. 

Misdemeanor crimes:

Unless they are charged as misdemeanors of a high and aggravated nature, then the penalties are up to a year in prison and fines of up to $1,000. Probation and restitution can be expected as well. A misdemeanor of a high and aggravated nature comes with a heavier fine of up to $5,000.

Dealing with an Assault and Battery Charge in Georgia

If you have been charged with assault and battery, whether a felony or misdemeanor dealing with these issues through a criminal defense attorney is highly recommended.

These charges are potentially life-changing and having the right defense is important. Contact LaScala Law Firm today by clicking here or calling at 404-881-8866