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. When these acts occur 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), then they become Family Violence crimes. The following is a summary of the most commonly charged family violence assaults and batteries in Georgia. Make sure you have a skilled and experienced Atlanta domestic violence attorney who specializes in family violence cases on your side to defend you.
Family Violence 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. When this occurs in the context of a family or domestic relationship, the assault becomes a family violence offense.
Family Violence 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 family violence cases, by a minimum of three (3) and a maximum of twenty (20) years in prison. When this occurs in the context of a family or domestic relationship, the assault becomes a family violence offense.
Family Violence 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. When this occurs in the context of a family or domestic relationship, the battery becomes a family violence offense.
Family Violence 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. When this occurs in the context of a family or domestic relationship, the battery becomes a family violence offense. While family violence battery is a misdemeanor for a first conviction, a second conviction of this offense, even if against a different victim, is a felony punishable by one (1) to five (5) years in prison.
Family Violence 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. Family Violence Aggravated Battery is a felony, and is punishable by a minimum of three (3) to twenty (20) years in prison. When an aggravated battery occurs in the context of a family or domestic relationship, it becomes a family violence offense.
Atlanta domestic violence attorney Andrew B. Margolis has developed a particularly strong specialization in family violence cases. Formerly a domestic violence prosecutor, he now brings his skills and experience to your defense. Don’t go to court on family violence charges without an experienced Atlanta domestic violence defense attorney on your side.