Assault

What Is Assault?

In Georgia, an assault charge can be either simple assault (misdemeanor) or aggravated assault (felony).

Simple Assault: A person commits the misdemeanor offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

Aggravated Assalt: A person commits the felony offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; o
(4) Without legal justification by discharging a firearm from within a motor vehicle or after immediately exiting a vehicle toward a person, an occupied motor vehicle, or occupied building.

Defense Strategies for Assault Charges

A summary of defense strategies: conduct a review to confirm whether or not the case facts meet the specific requirements for the charge of assault.

Additionally, examine evidence such as witness statements, video footage, and forensic evidence. In some cases, self-defense or defense of others are plausible arguments.

Assault Punishments

Aggravated Assault: A person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.

Simple Assault A person who commits the offense of simple assault shall be guilty of a misdemeanor. There are certain factors that can greatly escalate the punishments for simple assault.

• 1. Simple Assault in a Public Transit Vehicle or Station: Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "public transit vehicle" means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state.
• 2. Simple Assault Between Past or Present Spouses / Parents of Same Child(ren): If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.
• 3. Simple Assault Against an Employee of a Public School System : Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "school property" shall include public school buses and stops for public school buses as designated by local school boards of education.
• 4. Simple Assault on Pregnant Female: Any person who commits the offense of simple assault against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Georgia Law: O.C.G.A. § 16-5-20 - 16-5-21

Click the following link to see the full law for Simple Assault and Aggravated Assault in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact an Assault Lawyer

If you are being investigated for, or charged with, assault we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.