In Georgia, simple assault occurs when someone threatens another person with bodily harm or contact, and simple battery occurs when direct bodily contact or harm actually occurs. Aggravated assault and aggravated battery charges can be laid under certain circumstances that are more severe. As a result, the punishments are also more severe. For simple assault or battery, offenders are looking at potential jail sentences of up to one year, fines of up to $1,000, restitution orders, and/or probation. For felony aggravated assaults, the sentences have higher upper limits — 20 years for jail terms, higher amounts for restitution orders and fines, and longer probationary terms.
Aggravated assault usually involves the use of a weapon, the discharge of a firearm from within a car that is shot out of it, or a victim who is elderly or pregnant. Aggravated battery usually indicates that the victim has sustained serious injuries, such as broken bones, paralysis, amputation, or brain trauma. There are potential legal defenses to assault and battery charges, but without specialized legal training, accused people may not understand what is needed to support these legal arguments.
Because of the numerous factors that could be involved, and the legal expertise needed to provide accused persons the best representation at trial or in negotiations with the prosecution, it is always recommended to seek legal advice from an experienced criminal law attorney.
