Whether you are charged with Simple Assault, Aggravated Assault, Simple Battery, Battery or Aggravated Battery, you can speak to our Atlanta criminal defense lawyers at The Law Offices of Kyle H.Jarzmik, PLLC.
Assault and Battery Crimes are prosecuted under Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia. Below are the relevant code sections that outline these offenses. These crimes can be either misdemeanors or felonies, depending on the intent of the accused, the amount of harm caused to the alleged victim and the accused's criminal history. People often mistake the word assault for battery. An assault does not require any physical contact with another person. Any of these crimes are serious in nature and should be handled by an attorney.
16-5-20 - SIMPLE ASSAULT (MISDEMEANOR)
- A person commits the offense of simple assault when he or she either:
- Attempts to commit a violent injury to the person of another; or
- Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Note that a Simple Assault committed in a public transit vehicle or station, against a person 65 years or older, an employee of a public school system while engaged in school duties or on school property, against a female who is pregnant at the time of the offense, or those which constitute family violence are all misdemeanors of a high and aggravated nature. A regular misdemeanor is punishable by up to one year in jail and/or a $1000 fine, while one with a high and aggravated nature can carry a fine of up to $5000.
16-5-21 - AGGRAVATED ASSAULT (FELONY)
- As used in this Code section, the term ‚Äústrangulation‚ÄŇĄö means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person.
- A person commits the offense of aggravated assault when he or she assaults:
- With intent to murder, to rape, or to rob;
- 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;
- With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
- A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
- Except as provided in subsections (d) through (m) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
NOTE: There are enhanced penalties for committing Aggravated Assault against certain persons, such as peace officers, correctional officers, persons 65 and older, officers of the court, and in public transit vehicles or stations or with a firearm in a school safety zone.
16-5-23 - SIMPLE BATTERY (MISDEMEANOR)
- A person commits the offense of simple battery when he or she either:
- Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
- Intentionally causes physical harm to another.
- Except as otherwise provided in subsections (c) through (i) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.
NOTE: There are enhanced penalties which can make this misdemeanor or a high and aggravated nature similar to Simple Assault. It also includes Simple Battery against sports officials and employees of long term care and assisted living facilities.
16-5-23.1 - BATTERY (MISDEMEANOR OR FELONY)
- A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
- As used in this Code section, the term "visible bodily harm" means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
NOTE: A second battery conviction against the same victim requires a minimum sentence of 10 days of incarceration, and a third conviction for battery against the same victim is a FELONY subject to 1 to 5 years of imprisonment.
Family Violence Battery
- If the offense of battery 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 living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows:
- Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and
- Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
16-5-24 - AGGRAVATED BATTERY (FELONY)
- A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
- Except as provided in subsections (c) through (h) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
NOTE: There are enhanced penalties for committing Aggravated Battery against certain persons, such as peace officers, correctional officers, persons 65 and older, family/household members, and in public transit vehicles or stations or in a school safety zone.
This website is not intended to create an attorney-client relationship with the Law Office of Kyle H. Jarzmik, LLC. Information on this site is not intended to be a substitute for advice provided by an attorney. Kyle Jarzmik is licensed to practice law only in the State of Georgia.
With offices in Atlanta, Georgia, we represent and advise people in Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Clayton, Rockdale, Douglas, Coweta, Carroll County, Lawrenceville, Cumming and all over the state of Georgia.