The state of Georgia classifies assault crimes by separating them into two separate categories: aggravated assault crimes and simple assault crimes. In general, the main difference between these two categories of crimes is that aggravated assault is considered to be a more serious offense than simple assault.
According to the Georgia State Criminal Code, a defendant can be charged and convicted of committing aggravated assault when during the course of an assault they either:
- Intend to rob, rape, or murder the assault victim;
- With a deadly weapon or any other object that is likely to cause or actually does cause serious bodily harm to an individual;
- With any object or instrument that is likely to cause or actually does cause strangulation to an individual; or
- By discharging a gun or other firearm that is aimed at a person or group persons without legal cause from the inside of a motor vehicle.
The punishment that one can receive for committing the crime of aggravated assault in Georgia may depend on a number of factors. For instance, there are certain conditions that may increase the severity of the crime and therefore will result in harsher penalties for a defendant who is convicted on such charges.
Some examples of when a defendant may receive a harsher sentence for committing aggravated assault include if:
- The aggravated assault is knowingly carried out against a public safety officer or an officer of the court while they are on duty;
- The crime is committed against a person who is of 65 years of age or older;
- The offense involves the use of a firearm against a student, teacher, or another faculty member while in a designated school safety zone;
- The crime is committed against an individual who is on a public transit vehicle or while at a public transit station; or
- The aggravated assault is carried out during the theft of a motor vehicle that is transporting cargo or other equipment.
To learn more about the penalties associated with aggravated assault crimes in Georgia, you should contact a criminal defense attorney who practices law in your specific county. A local attorney will be able to offer legal guidance that is relevant to the criminal charges and specific legal issues in your aggravated assault case. An attorney can also provide legal representation and further advice on other Georgia state laws that may apply to your case.
What Is Simple Assault in Georgia?
As previously mentioned, the state of Georgia divides the crime of assault into two separate categories: simple assault and aggravated assault. Assault crimes that are categorized as simple assault are then further divided into two main subcategories.
According to the Georgia State Criminal Code, the two subcategories for simple assault crimes in Georgia can be defined as follows:
- The first subcategory defines the crime of simple assault as an attempt to commit a violent injury against another individual.
- The second subcategory defines the crime of simple assault as an act that occurs when an individual is placed in a position to feel reasonable apprehension that they are in imminent danger of being severely injured or harmed.
Again, these are the definitions for simple assault in the state of Georgia. Other states may not recognize either of the above definitions or may use different phrases to describe simple assault crimes under their respective state criminal codes.
What Is an Assault on an Unborn Child in Georgia?
The state of Georgie defines the crime of assault on an unborn child as an attempt to inflict serious bodily injury on an unborn child without legal justification. The Georgia State Criminal Code goes on to say that the term “unborn child” refers to a member of the human race during any stage of development while in the womb.
An example of a criminal act that would likely constitute an assault on an unborn child would be if a defendant punched the stomach of a person who is currently pregnant and is the mother of an unborn child.
Another example of when a defendant can be charged with committing this particular assault crime is if a defendant forces the mother of an unborn child to undergo an abortion against their free will.
Assault on an unborn child in Georgia is considered to be a misdemeanor offense. Thus, a convicted defendant may be sentenced to serve jail time for up to a year and/or may have to pay some amount of monetary criminal fines. Fines for misdemeanors typically cannot be issued for an amount that is greater than $1,000.
Is Assault on an Unborn Child the same as Battery on an Unborn Child?
The state of Georgia considers the crime of an assault on an unborn child to be different from the crime of battery against an unborn child. Thus, it is very important to understand the differences between these two crimes as well as to know when they might apply under Georgia state law.
In general, battery on an unborn child in Georgia is defined as the criminal act of intentionally inflicting bodily harm upon an unborn child. In contrast, an assault on an unborn child is the criminal act of attempting to intentionally inflict bodily harm upon an unborn child.
Georgia defendants should note the difference between the phrasing of “intentionally inflicting” and “intentionally attempting to inflict” when trying to distinguish the two crimes from one another.
Who Is Considered an Unborn Child in Georgia?
As previously mentioned, the Georgia State Criminal Code defines an “unborn child” as any human being still in development within their mother’s womb.
In other words, Georgia state law considers an unborn child to be a child at any stage of a mother’s pregnancy, so long as it is being carried in the womb.
What Is the Penalty for Assault on an Unborn Child in Georgia?
Assault on an unborn child is considered to be a misdemeanor offense in the state of Georgia. Thus, the types of penalties that a defendant can receive after being convicted of committing the crime of assault on an unborn child in Georgia may include the following:
- A jail sentence of up to one full year to be served in a Georgia county jail;
- A criminal fine not to exceed $1,000; or
- Both jail time and a criminal fine.
In addition, a defendant will also receive a misdemeanor offense on their criminal record if they are charged and convicted of committing assault on an unborn child in Georgia state.
Can an Attorney Assist Me in My Assault Case?
If you are facing criminal charges for assault on an unborn child, then it is strongly recommended that you speak to a local Georgia criminal attorney as soon as possible. A Georgia attorney who has experience in handling assault cases will be able to provide legal representation in court as well as throughout the entirety of your case.
Your attorney will be able to conduct legal research to determine whether there are any legal defenses available that you can raise against the assault charges. They will also be able to help you build your case and can file any necessary legal documents on your behalf in court. In addition, your attorney can assist you in getting the charges against you dismissed or at least reduced.
Lastly, if you have any questions or concerns about the laws on the crime of assault on an unborn child in Georgia, your attorney will be able to provide advice in response to any of your questions as well as will be able to address any of your concerns about such issues.