Assault and Battery are perhaps the most commonly charged crimes of violence in the State of Georgia. An assault is defined by Georgia law as either an attempt to commit a violent injury against another person, or an act which places another person in reasonable fear of immediately receiving a violent injury. The most simple type of battery is defined as either physical contact of an insulting or provoking nature, or the causing of physical harm. Depending on the way in which the assault or battery is alleged to have occurred, these types of offenses can be either felonies or misdemeanors. The following is a summary of the most commonly charged assaults and batteries in Georgia. The Atlanta criminal lawyers at the Margolis Legal Group have experience defending these charges and will aggressively advocate your case.
Simple Assault: A simple assault occurs when a person either attempts to commit a violent injury to another person, or does something which places another person in reasonable fear of immediately receiving a violent injury. Simple Assault is a misdemeanor carrying a maximum sentence of twelve (12) months in jail.
Aggravated Assault: An assault as described above becomes aggravated when certain additional factors are present. If a person commits an assault with the intent to either murder, rape, or rob, or commits an assault with a deadly weapon, or by discharging a firearm from a vehicle, the offense is then one of Aggravated Assault, which is a felony punishable, in most cases, by a minimum of one (1) and a maximum of twenty (20) years in prison.
Simple Battery: A simple battery occurs when there is some kind of physical contact of an insulting or provoking nature, or when there is actual physical harm caused. Often, police officers will arrest for simple battery on the basis of nothing more than a push, shove, or grab. Simple battery is a misdemeanor carrying a maximum sentence of twelve (12) months in jail.
Battery: The offense of Battery is also generally a misdemeanor (there are exceptions for repeat offenders), but contain the added component of either substantial physical harm to another person, or visible bodily injury, such as, for example, a black eye, swollen lip, bruising, cuts or scratches.
Aggravated Battery: Sometimes the injury from a battery is so serious that the offense becomes one of ‘aggravated battery.’ Aggravated Battery involves bodily harm which either deprives the victim of a member of his or her body, renders a member of the body useless, or results in serious disfigurement. Aggravated Battery is a felony, and is generally punishable by a minimum of one (1) to twenty (20) years in prison. There are however, certain exceptions which provide for a much higher minimum sentence, as in, for example, cases where the victim is a police officer.
Any of the above crimes, if committed between past or present spouses, people who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other people living or formerly living in the same household (except siblings), become family violence crimes. For more information on family violence, click here.
The Margolis Legal Group, P.C. regularly and aggressively defends clients charged with these and other violent crimes across the State of Georgia. Most of the time, the police and prosecutors only have one side of the story. Atlanta criminal attorney Andrew Margolis will challenge the State’s evidence and make sure your side of the story is heard through a combination of meetings with the prosecutors, motions hearings in court, and a trial before a jury, if necessary. If you or someone close to you is charged with a crime of violence, Andrew Margolis can help. Call today for your free consultation with an experienced Atlanta criminal attorney.