Assault and Battery
Assault
Simple assault
The first type of simple assault occurs when an individual attempts to commit
a violent injury toward another individual. The state must prove that the
individual showed a substantial step toward battery of the other individual.
In Georgia, this is treated as a misdemeanor.
The second type of simple assault occurs when an individual places another
in reasonable apprehension of immediate harm. The state cannot just prove
that it is a mere threat of harm. The individual must believe that he or she
is in immediate harm. The penalty, if convicted, is 1 year in prison and a
$1,000 fine.
Aggravated Assault
A person can be charged with aggravated assault if one of the following
is proven or shown.
- The state can show that their was an intent to murder, rape, or rob.
- If a deadly weapon is used
- If you fire a weapon from a moving vehicle.
The penalty for being convicted is anywhere from 1 to 20 years in prison.
The sentence ranges depending upon where the crime took place to who the crime
was against.
Battery
Simple Battery
This occurs when an individual intentionally makes physical contact
with another individual in an insulting or provoking way. The punishment for
simple battery is a misdemeanor charge.
Battery
Take simple battery up a step, and you get battery. Battery is when
a person intentionally harms another individual. This can range from substantial
physical harm to visible bodily harm. Under current Georgia law, battery is
punished as a misdemeanor offense. With a second battery conviction, you are
looking at 10 days to 12 months in jail and/or up to $1000 fine. A third battery
conviction will get you a felony conviction and 1 to 5 years in prison.
Aggravated Battery
A person is charged with aggravated battery if they have done one
of the following things:
- Causes enough bodily harm as to render the victim with little use of
their body
- Renders part of the victim’s body useless
- Seriously disfigures the victim’s body
A conviction of aggravated battery is a felony charge and receives 1 to 20
years in prison. The only exception to this is if you are convicted of committing
aggravated battery against one of the following:
- Peace officer—10 to 20 years in prison
- Person over 65—5 to 20 years in prison
- Correctional officer engaged in official duties—10 to 20 years
- In/at a public transit vehicle or station—5 to 20 years
- Student or teacher in a school safety zone—5 to 20 years
Without a lawyer, you could face serious jail time and outrageous fees. The
Law Offices of Geerdes and Kim, LLC, can help you avoid severe sentences. Call
us now for a free consultation.
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