Assault & Battery Lawyers in Atlanta
Defense for Violent Criminal Charges in Georgia
While commonly labeled together, assault and battery in Georgia are actually two separate offenses, and each of those offenses can be further categorized as either “simple” or “aggravated.” Regardless of which charge you are facing, Geerdes & Associates, LLC’s assault and battery lawyers can represent you in court. Our team is highly accomplished in criminal defense and knows how to thoroughly investigate cases for our clients’ benefit.
Contact us today or call (770) 599-5331 for a free consultation.
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.
A person can be charged with aggravated assault if one of the following is proven or shown.
- The state can show that there 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.
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.
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.
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
Our Atlanta assault and battery attorneys can help you avoid serious sentencing or even dismiss charges entirely. Call (770) 599-5331 today for your free case evaluation.