A Guide to Assault and Battery Offenses in Georgia

Many people believe that assault and battery are the same, but they are two separate charges. Assault refers to when an individual is afraid of someone inflicting physical harm to them, while battery is when physical harm to an individual does actually take place. The reason why they are commonly mistaken for the same thing could be because when one occurs, the other typically also occurs. 

What is Assault?

In Georgia, assault is the intentional act of attempting to physically harm or create a reasonable fear of harm in another person with an act of violence. Assault can be either a misdemeanor or felony, depending on the severity of the act and the circumstances surrounding it.

What is Battery?

Battery is when someone intentionally applies physical force against another person, causing bodily harm. For example, if a person punches someone or breaks their arm, this can be considered battery in Georgia. In addition, if you threaten to hit someone and then do it, that would constitute an assault and battery charge. 

Elements of Aggravated Assault

Aggravated assault is much more serious than a simple assault. Assault becomes an aggravated charge if the following things are at play: 

• There is the use of a deadly weapon
• The intentional act of violence results in serious physical injury or death
• The victim is 65 years or older
• A firearm is discharged 
• The victim is pregnant
• There is intent to cause further harm, such as rape, robbery, and murder

Elements of Aggravated Battery

Aggravated battery is a severe form of battery that involves actions such as: 

• Injuring someone with a gun or knife
• Striking someone with a blunt object like a baseball bat or tire iron
• Using a hot liquid or substance to burn someone
• Poisoning someone 
• Using a vehicle to run someone over 

Penalties For Simple Assault And Battery

In Georgia, simple assault and battery are misdemeanor offenses. The punishments for a simple assault may include one or both of the following:

• Up to 12 months in jail
• A fine of up to $1,000

Penalties for Aggravated Assault And Battery

Aggravated assault and battery is considered a felony offense and carries the following consequences:

• One to 20 years in prison
• Up to $100,000 in fines
• Restitution payments

Potential Defenses

The best way to defend against your assault and battery charge in Georgia is to hire an attorney to build a strong defense for your case. The possible defenses may include:

• There was no intent to harm
• Self-defense
• Necessity
• Mistake of fact
• There was no physical contact

Contact an Athens Assault and Battery Defense Attorney Today

If you are facing assault or battery charges, you should consider contacting an experienced Athens assault and battery attorney. An attorney can investigate your case and use the most relevant defenses to increase your chances of having your charges reduced or dismissed.

Contact Ryan Swingle Law online or call (706) 713-0332 to schedule a consultation with Ryan Swingle and learn more.