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Sandy Springs and Atlanta assault and battery lawyer Richard Blevins provides aggressive criminal defense. All clients needing criminal defense representation receive a free consultation. Learn how attorney Richard Blevins will protect your rights by calling (770) 419-1945, or by contacting the firm online today.
Simple assault in Georgia is defined as an attempt to cause another person physical harm, such as by trying to strike a person with an object or the hands and missing. Assault can also be any intentional threat or act that reasonably causes an individual to fear impending violence.
Making statements like “I will break your arm” or threatening to beat a person up may be considered assault. Especially when the person making the threat is able to carry this threat out. Also when the victim is convinced that there is reason to believe he or she may be struck or physically injured (as per Georgia Code Annotated §16-5-20.)
Assault and battery crimes in the State of Georgia include:
Simple battery in Georgia is defined as either:
Thus, punching someone with a fist or pushing someone may be considered a crime of simple battery.
Battery is when someone intentionally causes substantial physical harm or visible bodily injury to another. “Visible bodily harm” is bodily harm capable of being perceived by someone other than the victim. This may include substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to other body parts, among other injuries.
So, what is the difference between assault and battery? As mentioned above, battery actually causes harm to a person or involves some degree of physical contact. Assault is an attempt to cause harm that does not succeed or a threat of harm, verbal or otherwise, that causes the other person to believe they may be in danger.
Assault becomes aggravated assault, a felony in Georgia, when it is committed:
Battery becomes aggravated battery, and a Georgia felony, when one willfully inflicts serious physical injury to the victim. This may cause the loss of a limb, the inability to use a limb, or severe disfigurement. The victims injuries are far more severe than slight or minor harm and may include coma, broken bones, or wounds that merit hospitalization. The injuries may require considerable suturing, or necessitate surgery. Serious disfigurement could mean any physical alteration of the body, such as a visible scar, or a broken bone that disfigures a person’s appearance. This can include a broken finger that cannot be straightened any longer or a broken nose.
Any person who is convicted of aggravated battery or aggravated assault in Georgia will face the following penalties:
If a person is found guilty of having committed aggravated battery or assault on a public transit vehicle, or on public transit property, or against specific victims listed in the statute (like an intimate partner, family members, a person age 65 or above, a law enforcement professional, or a corrections officer), depending on the victim, the court can impose a minimum sentence of 3, 5 or 10 years in prison.
A person with one or more existing felony convictions on their criminal record may be required to serve the maximum sentence for aggravated battery and assault as a result of these prior convictions. (Official Code of Georgia Annotated 17-10-7)
If a person commits battery or assault, or any other crime against a person due to prejudice or bias against this individual, it may be considered a hate crime. The court may impose a more serious punishment than what would normally be imposed for this same crime.
Often persons serving prison sentences may be released early on parole. The decision to allow a prisoner to be released early is up to the Georgia Parole Board. Currently, persons convicted of serious violent crimes generally are required to serve 90% of their sentence.
It is possible for the court to impose probation rather than making the individual serve time in jail. It is also possible after the person has spent time in jail. For example, in an aggravated battery case, a judge could order the defendant to serve 3 years of jail time and two years of probation.
People who are on probation have to meet with their probation officers on a routine basis.They must follow all conditions that have been mandated by the court, such as going to counseling or taking part in community service activities. If the individual violates probation, he or she can be arrested. They will likely be required to serve a part of all of the remaining balance of his sentence.
If you are currently facing charges, contact Sandy Springs and Atlanta assault and battery lawyer Richard Blevins. Attorney Richard Blevins can research your case and determine whether or not you have been charged wrongfully, or if there are other reasons why your case should be dismissed before going to trial.
If it is not possible to have your case dismissed, Atlanta assault and battery lawyer Richard Blevins might be able to negotiate a plea bargain on your behalf or build your defense and serve as legal representation throughout your trial. Prosecutors are often willing to negotiate and will let defendants plead guilty to lesser charges. Alternatively, the prosecutor might agree to the recommendation of a more lenient sentence like probation if the defendant is willing to plead guilty to the charge.
Contact Atlanta assault and battery lawyer Richard Blevins to help you with your charges. Call today at 770-419-1945 or fill out our contact form to schedule a free consultation.
Former Cobb Assistant District Attorney | Former Cobb Assistant Solicitor General | Former Baldwin Co. Sheriff’s Deputy | Former DeKalb County Police Officer | Former Milledgeville Police Officer | Former U.S. Army M.P.
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