Although people often use 'assault and battery' together, they are distinct criminal offenses. Assault is the threat of physical harm, while battery is the actual infliction of physical harm. Convictions for either can have severe legal and social consequences. Consult an experienced Atlanta criminal defense attorney at Ghanayem & Rayasam today.
The Charge of Assault
In the State of Georgia, the charge of assault applies when the accused either attempts to injure the victim violently or credibly threatens to do so imminently. In other words, no physical contact is required for an assault charge to stick.
Simple Assault
Simple assault is a misdemeanor involving an attempt to inflict bodily harm, such as striking with a fist or object. Causing the victim to reasonably fear immediate harm also suffices, usually through serious verbal threats.
Aggravated Assault
Aggravated assault is a felony that applies when the accused attempts to cause the victim serious bodily harm.
Certain factors can elevate an assault charge to aggravated assault, such as using a deadly weapon like a gun, knife, or any other dangerous object. Aggravated assault can also be charged when an assault is committed against a public servant or with the intention of committing another serious crime, such as robbery or rape. These circumstances make the assault more serious under the law.
The Charge of Battery
A battery is committed when the accused intentionally causes the victim physical or visible harm, meaning injuries observable by others. Proactive or insulting physical contact can also constitute battery.
A simple battery is a misdemeanor for minor injuries. Aggravated battery is a felony charged when serious injury, like a broken bone, occurs.
Assault and Battery
Assault and battery charges are commonly brought together. This occurs when a violent incident involves both a threat or attempt to harm and actual physical contact or injury. Scenarios such as domestic disputes and cases with aggravating factors also make combined charges more likely.
Georgia frequently combines charges, increasing potential penalties, and strengthening the prosecution’s position in plea negotiations.
An Experienced Atlanta Criminal Defense Lawyer Can Help
The formidable Atlanta criminal defense attorneys at Ghanayem & Rayasam dedicate our impressive practice to fiercely advocating for favorable case resolutions for all our valued clients, and we’re on your side. Learn more by contacting us online or by calling 404-561-0202 today.