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In the state of Georgia, assault laws encompass simple assault, aggravated assault, simple battery, and aggravated battery. Assault is the attempted harm or threat of harm to another person, while battery refers to actual physical contact and possible harm. If you are facing any such charges, your next call should be to a Fort Oglethorpe assault lawyer at an assault and battery law firm who could provide astute counsel and the skilled representation needed.
If you have been accused of assault and battery or any other type of violent crime, it may be could to speak with an experienced criminal attorney immediately.
Under Georgia Code §16-5-20, simple assault is defined as an attempt to commit violent injury to someone else, or put that person in circumstances where it is reasonable that they could be injured in such a manner. No actual physical touching is needed for a charge of simple assault to be made.
Simple assault is a misdemeanor crime, with penalties including up to one year’s incarceration, fines up to $1,000, restitution, and probation. A simple assault charge could be elevated to a high and aggravated misdemeanor if the alleged assault involved public transportation, a firearm, a public school employee, a pregnant woman, a senior citizen, or was committed against a family member.
A high and aggravated misdemeanor conviction would carry enhanced penalties, including up to one year and up to $5,000 in fines.
Pursuant to O.C.G.A. §16-5-21, aggravated assault is a felony, and involves assaulting someone with any of the following:
For those accused of assault, it is imperative that they contact an assault and battery lawyer for help.
Someone convicted of aggravated assault could face up to twenty years in jail (minimum three year’s incarceration for aggravated assault involving fire a gun from a vehicle). Other penalties may include up to twenty years’ probation, fines up to $200,000, and restitution.
When the accused is convicted of aggravated assault in a public transit vehicle, on public transit property, or against certain victims (such as a family member of person 65 years of age or older), the court may impose a mandatory minimum prison term of three, five, or ten year’s incarceration, depending on the nature of the charge. An assault attorney in Fort Oglethorpe could advise the accused regarding the relevant laws and potential penalties applicable to their charges.
Simple battery involves intentionally making physical contact of a provoking or insulting nature with someone or intentionally causing someone physical harm, as outlined under O.C.G.A. §16-5-23.
Classified as a misdemeanor charge, a conviction for simple battery could result in up to one year in prison, probation, restitution, and fines upwards of $1,000. A simple battery charge could be elevated to a high and aggravated misdemeanor, punishable by further fines up to $5,000, if the alleged victim was over 65, pregnant, a caregiver, police officer, family member, or school employee.
O.C.G.A. §16-5-24 defines aggravated battery as vindictively and with full intent causing a person severe injury. Losing a limb or the use of it, or being seriously disfigured would constitute a severe injury. Serious disfigurement is an injury that physically changes the victim’s body, such as a conspicuous scar.
A felony conviction for aggravated battery could lead in a term of incarceration from one to twenty years, fines, probation, and restitution. To avoid these harsh consequences, alleged offenders should contact an assault law firm.
The court may decide a period of probation either in lieu of prison time or after the individual has spent some time in prison. Someone who is put on probation must regularly meet with a probation officer and adhere to all conditions established. By the court, such as attending counseling, no additional arrests or convictions, or performing community services.
If a person violates the terms of their probation, they could be arrested and required to serve the remainder of their jail sentence. A knowledgeable assault law firm in Fort Oglethorpe could work hard to get someone’s charges reduced, or even dropped, and advocate for a favorable outcome on their behalf.
An assault or battery conviction could seriously impact your life. If convicted of a felony charge, a person could lose their right to vote, serve as a juror, serve in public office, own, or carry firearms. A felony conviction could even hurt you if you are looking to rent a house or applying to rent an apartment.
A Fort Oglethorpe assault lawyer is familiar with the local criminal court system and could advise what your chances are to achieve favorable results in court or at the negotiating table. Call to discuss your case with a seasoned Fort Oglethorpe attorney.