A violent crime in Georgia can include assault, battery, battery domestic violence and aggravated assault. The severity of the offense and the sentence depends on (1) whether this is a first or subsequent offense; (2) whether it is the same or different victim; (3) if there is a relationship to the victim; (4) if the victim is pregnant; (5) if the person is a law enforcement officer; (6) if the person is a school or sports official on duty; (7) if the person is under the accuser’s care; (8) whether the offense occurred in a public transit vehicle or station; and (9) if a weapon/object was used during the assault or battery.
In Georgia, “a person commits the 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.” O.C.G.A § 16-5-20. All simple assault charges are treated as misdemeanors but may be regarded as aggravated if committed against a family member, a person over the age of 65, a pregnant woman, or a school official, or if it occurred in a public transit or station.
“A person commits the offense of simple battery when he or she either:
(1) intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) intentionally causes physical harm to another.” O.C.G.A § 16-5-23. And commits the offense of battery “when he or she intentionally causes substantial physical harm or visible bodily harm to another.” O.C.G.A § 16-5-23.1. An initial and subsequent charge against a particular person is treated as a misdemeanor; however, the second charge against the same person carries a minimum of ten (10) days in jail. A third charge against that same person is treated as a felony and carries a minimum of 1 year to 5 years in prison.
A person commits the act of aggravated assault when he or she assaults someone with the intent to rape, rob or murder the person(s), uses a deadly object to harm the person(s), uses an object to strangle the person(s), or discharges a firearm within a vehicle against another person(s); and commits an aggravated battery when he or she maliciously causes bodily harm to another. O.C.G.A § 16-5-21, O.C.G.A § 16-5-24. An aggravated battery is a felony charge that carries a conviction of 1 to 20 years in prison, but increases to a minimum of 3 years if the parties have a pre-existing familial relationship, or a minimum of 5 years if the victim is over 65 years of age, the incident occurred in a public transit vehicle or station or if it occurred against a student or teacher within a school zone.
If you or a loved one are charged with any of these violent crimes, it is important that you immediately contact a criminal defense attorney to discuss your case and to determine if there are any mitigating circumstances that could affect the outcome and sentence/ penalty. We may be able to get your charges dismissed eventually in certain situations. Call us today at 404-494-0027 for a free consultation if you reside in Cobb, Cherokee, Fulton, DeKalb, Paulding, Bartow, Floyd, Clayton, Douglas, Newton, Forsyth, Gwinnett, Polk, Carroll or Henry county.