Fighting for the community and students of West Georgia.
Assault and Battery
In Georgia, the charges of assault and battery are very serious, and a person convicted of either of these crimes can be required to pay fines, make restitution to the victim, and even serve substantial jail time. Therefore, these charges must be taken seriously by the defendant and most importantly the defendant’s attorney. The attorneys at Miller & Hightower know that these charges could have a drastic impact on their client’s life, and it is because of that fact that they are dedicated to providing each of their clients with a tough, relentless, and aggressive defense. The attorneys at Miller & Hightower understand that mistakes happen and bad decisions are often made, but each attorney at Miller & Hightower believes that a mistake today should not follow their client for the rest of their life.
ASSAULT
There are two (2) types of assault: 1) simple assault; and 2) aggravated assault.
Simple Assault:
Simple assault can be committed in two different ways: 1) by attempting to commit a violent injury upon another person – also known as attempted battery type; and 2) by committing an act which places another person in reasonable apprehension of immediately receiving a violent injury – also known as reasonable apprehension of harm type.
Attempted Battery:
Attempted Battery is a specific intent crime; therefore, for a person to be found guilty of attempted battery the state must prove that the defendant intended to commit a violent injury. The state must also prove that the defendant took a substantial step toward committing the battery. The fact that the defendant merely prepared himself/herself to commit the battery will not be enough to prove the defendant’s guilt. For example: If the defendant was yelling cursing at the plaintiff and then picked up a stick to hit the plaintiff, but actually never made any attempts to hit the plaintiff, the defendant has not gone past mere preparation; therefore, the state would have a hard time proving their case.
Reasonable Apprehension of Harm:
A mere threat will not suffice to convict a person of this offense. However, if the defendant’s threat against the plaintiff is accompanied with the apparent present ability of the defendant to carry out the threat against the plaintiff, the state may have grounds for a charge of simple battery. Understand, this offense is not based off of what the defendant knows to be true, but is rather based on what a reasonable person in the plaintiff’s shoes would think. For example: If the defendant put a water gun up to the plaintiff’s head and said, “I am going to kill you” it does not matter that the defendant knows he actually cannot kill the plaintiff with a water gun. What matters is the fact that under the current situation a “reasonable” person in the plaintiff’s shoes would believe that the defendant was about to kill them.
Punishment for Simple Assault:
A person who is convicted of simple assault shall be guilty of a misdemeanor.
Most misdemeanors are punished as follows:
By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both. Note, the judge often has the discretion to suspend any jail time and place the defendant on probation.
Aggravated Assault:
A person commits the offense of aggravated assault when he or she assaults another:
With the intent to murder, rape, or rob the victim;
With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury to the victim; or
By discharging a firearm from within a motor vehicle toward another person without legal justification.
Punishment for Aggravated Assault:
A person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
Defenses to Simple Assault and Aggravated Assault:
These are just a few defenses to the above stated crimes: 1) Self-defense; 2) defense of another; and 3) defense of property.
BATTERY
Georgia law has broken the offense of battery into 3 different crime: 1) Simple battery; 2) Battery; and 3) Aggravated battery.
Simple Battery:
A person commits the offense of simple battery when he or she either:
Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
Intentionally causes physical harm to another.
Punishment for Simple Battery:
A person who is convicted of simple assault shall be guilty of a misdemeanor.
Most misdemeanors are punished as follows:
By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both. Note, the judge often has the discretion to suspend any jail time and place the defendant on probation.
Battery:
A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
The term “visible bodily harm” means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to , substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
Punishment for Battery:
Upon a 1st conviction of battery the defendant shall be guilty of a misdemeanor.
Upon a 2nd conviction of battery against the same victim the defendant shall be punished by imprisonment for not less than 10 days nor more than 12 months, by a fine not to exceed $1,000.00 or both. The minimum sentence of 10 days for a second offense shall not be suspended, probated, deferred, stayed, or withheld.
Upon a 3rd conviction of battery against the same victim the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
Aggravated Battery:
A person commits the offense of aggravated battery when he or she maliciously cases bodily harm to another by depriving him or her of a member of his or her body, or by seriously disfiguring his or her body or a manner thereof.
Punishment of Aggravated Battery:
A person convicted of the offense of aggravated battery shall be punished for not less than one year nor more than twenty (20) years.