The penalties that someone in Georgia might face for assault or battery charges will depend on the facts and circumstances of what happened, whether they are charged with a misdemeanor or felony, and their criminal records. By understanding the potential penalties associated with a conviction for these offenses, people might realize the stakes that are involved and the importance of asserting a defense.
Penalties for simple and aggravated assault
Simple assault can be charged when a person attempts to injure someone else or puts them in a situation in which they could suffer injuries. The person does not have to actually make physical contact with the alleged victim to be charged with simple assault. This offense is a misdemeanor carrying up to one year in jail and a fine of up to $1,000. However, if the alleged victim is a pregnant woman, senior citizen or public school employee, it can be enhanced to include a fine of up to $5,000 and a year in jail.
Aggravated assault is punishable by one to 20 years in prison, fines and restitution. Aggravated assault is a felony and can be charged when a person assaults someone while:
- Intending to rob, rape or murder the victim
- Using a deadly weapon that is likely to result in serious bodily injury
- Shooting a firearm from a moving vehicle
Penalties for simple and aggravated battery
Simple battery can be charged when a defendant intentionally physically contacts another person to annoy him or her or intentionally causes the victim to suffer physical harm. It is a misdemeanor punishable with up to one year in jail and a fine of up to $1,000. It can be an aggravated misdemeanor with a fine of up to $5,000 when the victim is a senior citizen, pregnant woman or public school employee.
Aggravated battery can be charged when a defendant intentionally causes serious bodily injury to a victim. It is a felony punishable by one to 20 years in prison, fines and restitution.
People who are facing assault or battery charges might want to get help from an attorney to defend against the allegations against them. An attorney may be able to help a client secure a more favorable plea agreement or even win dismissal of the charges.