Aggravated Assault Georgia

Under Georgia law, aggravated assault charges are severe accusations with significant ramifications. Depending upon the specific situation of your distinct case, you may face up to twenty years in prison if convicted, which is why we strongly advise to consult an attorney.

If you or a loved one have been charged with aggravated assault Georgia, it is important that you secure legal counsel from an attorney in the face of possibly life-altering penalties.

There are two types of assault-related charges in Georgia: aggravated assault and simple assault, with aggravated assault carrying more severe penalties. The law governing aggravated assault is detailed in the Official Code of Georgia, Annotated, or OCGA § 16-5-21.

Under OCGA § 16-5-21, a person commits the offense of aggravated assault when he or she commits:

• Assault with intent to murder, to rape, or rob
• Assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person or persons, is likely to or does result in serious bodily injury
• Assault by discharging a firearm from within a motor vehicle toward a person or persons without legal justification

Simple assault occurs when a person attempts to commit a violent or serious injury to another person or behaves in a way that places the other person in apprehension of a violent or serious bodily injury. No physical contact is required with this charge.

Aggravated assault is the more serious of the assault-related charges. Unlike simple assault, which is usually treated as a misdemeanor offense, aggravated assault is always categorized as a felony.

The standard aggravated assault sentence in GA ranges from one year to 20 years in prison. The minimum penalty rises based on the statutory requirements for specific classes of victims and scenarios as noted below:

• 3-year minimum sentence for aggravated assault by discharging a firearm within a motor vehicle toward a person or persons; assault to family and other household members; and attacks on public transit facilities or vehicles
• 5-year minimum sentence for aggravated assault against students or teachers in a school safety zone; peace, police, and correctional authorities; and officers of the courts
• 10-year minimum sentence for aggravated assault against public safety officer that involves discharging a firearm
• 25-year minimum sentence for aggravated assault with intent to rape a child under age 14. In this case, the highest possible sentence is 50 years

The court also has the discretion to enforce fines of up to $100,000 and a maximum of 20 years probation. Other possible repercussions consist of restitution that can cover expenses to the victim such as medical bills and mental health therapy.

Battery is another common type of violent crime charge in Georgia. This violent offense can be classified as either simple battery, aggravated battery, or sexual battery, which we will discuss further down.

The Official Code of Georgia § 16-5-23 sets out the meaning of simple battery and possible penalties. Simple battery is specified as intentionally making physical contact of an insulting or provoking nature with another person, or purposefully inflicting physical harm to another person or persons. This offense always involves physical contact between the offender and the victim. Considerable or noticeable harm is not needed. The term “insulting or provoking nature” does not always indicate that the other person is hurt, whereas “physical damage” consists of offensive contact that surpasses insult to the infliction of pain, or even a serious bodily injury.

While battery charges may not seem as serious as assault charges, they can bring just as many penalties, including up to twenty years in prison for the most severe offenses.

Penalties for Simple Battery Georgia

In GA, simple battery is a misdemeanor criminal offense. The maximum penalty permitted by law is 12 months of jail time and a $1,000.00 fine, but not all individuals charged with simple battery will receive this penalty.

If the victim is age 65 or older, a member of the offender’s family, a law enforcement officer, a public school worker, or a pregnant woman, then it will be charged as a high and aggravated misdemeanor, which carries a maximum fine of $5,000.

Sexual Battery is another major violent offense in Georgia. Depending upon the age of the victim and whether the defendant has any prior violations of the Georgia Sexual Battery Statute, the penalties for a sexual battery conviction might be severe and prosecuted strongly.

In Georgia, it is illegal to purposefully make physical contact with the intimate parts of the body of another person without that person’s consent. Under this law, the term “intimate parts” refers to the main genital area, rectum, groin, inner thighs, or buttocks of a male or female, and the breasts of a female.

Any infraction of the Georgia Sexual Battery Statute brings with it the imposition of being charged with a misdemeanor of a high and aggravated nature. In Georgia, the penalty for the majority of misdemeanor offenses is no more than 12 months in jail and a fine of $1,000. Although a misdemeanor of a high and aggravated nature also brings a sentence of up to 12 months in jail, the fines for this type of offense can be as high as $5000.

An individual found guilty of the offense of sexual battery against a child under the age of 16 will be convicted of a felony and will be penalized by a prison sentence of 1 to 5 years. A second or subsequent conviction brings the same penalties, in addition to sentencing arrangements such as sex offender registration under Georgia sex offender laws.

No matter what type of violent offense charge you are facing, hiring a skilled lawyer will be the best opportunity you have at securing your freedom, your future, and your record. Contact our Atlanta law firm to begin working with a criminal defense attorney today.