Because of their violent intent against others, assaults and battery are serious charges in our state, carrying with them potentially severe penalties. Both offenses can be charged as either misdemeanors or felonies, depending on the circumstances. When convicted of assault or battery, you may be facing hefty fines and/or jail time. In the most serious cases, you could be facing long prison sentences and even steeper fines. If you are convicted, a permanent criminal record of a misdemeanor or felony of this nature can be a deterrent to securing future employment, professional licenses, housing, and more.
The legal team at Smith, Schnatmeier, Dettmering & Kilgo, LLP possesses the skills, resources, and experience required to effectively fight any assault or battery charge. We combine 100 years of combined criminal law practice with personalized attention to every client. Our team is results-oriented in taking every available legal path toward securing the most favorable outcome, whether that involves negotiating with prosecutors in seeking reduced charges or taking your case to trial.
What Are Assault & Battery Crimes in Georgia?
Various degrees of both assault and battery have been established under Georgia law.
- Simple assault
- Aggravated assault
- Simple battery
- Aggravated battery
Assault consists of trying to cause someone physical injury or putting someone in fear of being physically harmed. Examples of assault include raising your fist to strike the person. Even if you never make actual physical contact, you could be charged with simple assault due to the threat of punching the person which puts the alleged victim into a state of fear for his safety. Simple assault is charged as a misdemeanor.
Aggravated assault involves using a deadly weapon or anything else that could result in serious injury, discharging a gun from your vehicle, or assaulting someone with the intention to rape, rob, or kill them. Aggravated assault is charged as a felony.
Battery involves actual contact with the alleged victim, such as punching or shoving. Simple battery or battery are both charged as a misdemeanor. Aggravated battery is charged when your actions result in serious bodily injuries, such as broken bones, a concussion, or another injury that requires medical care or injuries that result in serious disfigurement. Aggravated battery is charged as a felony.
Misdemeanor assault and battery charges can include up to a year in jail and/or a fine of up to $1,000, up to a year of probation, and restitution to the alleged victim.
If the charge is considered a misdemeanor of a high and aggravated nature, it carries up to a year in jail and/or a fine of up to $5,000, up to a year of probation, and restitution.
Aggravated assault or aggravated battery charges can include between one and 20 years of prison time, a fine of up to $100,000, and restitution to the victim. Aggravated assault or battery against certain victims, such as police officers, firefighters, emergency medical technicians, or other public safety officials can lead to minimum prison terms of three, five, or 10 years based on the circumstances. Those with prior felony convictions may be required to serve out the maximum term imposed for either aggravated assault or aggravated battery.
Partner with Smith, Schnatmeier, Dettmering & Kilgo, LLP in Fighting Charges
When facing assault and battery charges in Georgia, it is essential to have a qualified criminal defense lawyer by your side. Our firm’s attorneys can work with you to develop an effective legal strategy that will protect your rights while navigating the complexities of the court system.
With our knowledge of laws, criminal justice procedures, and the legal skills we have honed over decades, we are well-equipped to handle any situation arising from such accusations. We can help identify potential defenses or mitigating factors that could be used during trial proceedings as well as negotiate favorable plea deals when appropriate.
Don’t hesitate; contact us today for more information on how we may be able to assist you in defending yourself against these serious allegations.