In general, assault is defined in one of two ways. Assault can be intentionally placing a victim in fear of a battery. It can also be an attempted battery. Georgia has two criminal assault charges: simple and aggravated.
What Is Simple Assault in Georgia?
Simple assault in Georgia is defined two ways. The first definition for assault is an attempt to commit a violent injury on a victim. The second way assault occurs is to place a victim in reasonable apprehension of a violent injury.
Why Am I Being Charged with Assault When I Did Not Injure Anyone?
Simple assault does not require a victim to suffer any injury. It is enough for the victim to be in reasonable fear of receiving an injury or for the perpetrator to attempt to injure the victim.
Is Simple Assault a Misdemeanor in Georgia?
Yes, it is a misdemeanor crime. While it is normally a standard misdemeanor, a simple assault can be elevated to a misdemeanor of a high and aggravated nature. A simple assault is a misdemeanor of a high and aggravated nature when the assault is committed against:
- Another person while in a public transit vehicle or a public transit station
- A former or current spouse
- The other natural parent, foster parent, or stepparent of the perpetrator’s child
- An individual 65 years old or older
- An employee of a public school while they are acting in the capacity of their job
- A pregnant woman
Are Simple Assault and Simple Battery Interchangeable Charges in Georgia?
No. Simple assault and simple battery are separate criminal charges. Simple battery is the intentional physical contact that causes harm to the victim. The physical contact is deemed provoking or insulting, or it causes harm.
What Is the Penalty for Simple Assault in Georgia?
Simple assault in Georgia is punishable by a maximum of one year in county jail and/or a $1,000 fine. However, if the misdemeanor is of a high and aggravated nature, then the punishment is the maximum of a year in jail and/or a $5,000 fine.
Do I Need an Attorney to Represent Me in My Assault Case?
Yes, you do need representation. Contact a Georgia attorney about fighting your criminal assault charge immediately. Your attorney will work to get the charge dismissed or reduced, or will help you prepare for trial.