Assault and battery are separate charges, each with two possible degrees of severity. Assault is defined as the threat of violence or putting another in a situation where there is high risk of injury, while battery is the physical act of violence. Either charge can be considered simple, which falls into the misdemeanor category, or aggravated which counts as a felony. If you need a battery lawyer, look no further than the criminal defense lawyers at Robert James Trial Attorneys.
Are you facing an assault and battery charge in Atlanta? Call Robert James Trial Attorneys today or contact us online to schedule a meeting with our DeKalb County assault & battery lawyer!
Understanding the Charges
- Simple Assault: Attempting to commit a violent injury or putting another in a situation where they could be injured. However, this category is not limited to actions but can also cover words if they are menacing, such as with threats.
- Aggravated Assault: The charges are heightened when the intentions behind assault are shown to be to murder or rob. As a DeKalb County assault & battery attorney could explain, if a weapon is involved the charge will fall into this category.
- Simple Battery: Intentionally provoking, insulting, or causing physical harm to another via physical contact.
- Aggravated Battery: When the injury caused to the victim is serious such as loss of use of limb, loss of limb, or serious disfigurement.
Is Verbal Assault a Crime in DeKalb County?
Verbal assault is a crime in Georgia. The statute § 16-5-25 protects a person from the charge of simple assault if s/he reacts violently to offensive or abusive language. If you yell at, curse, or threaten a harasser (which is not behavior we suggest doing anyway), and s/he reacts violently, the courts may side with the harasser.
What are the Penalties for Assault and Battery?
If charged with either simple assault or simple battery, the penalties are:
- Up to 1 year in jail
- Fines reaching $1,000
For an aggravated crime in both assault and battery charges, the consequences can include:
- 1-20 years in prison
- Fines, the amount of which are dependent upon details of the case
At times, there are factors involved that can alter the ruling and punishment of the crime, such as if:
- A firearm was involved
- The victim was pregnant or elderly
- The crime was committed against a family member
- The victim was a police officer, caregiver, or school employee
A local attorney could explain the potential penalties that come with assault & battery charges in more detail.
Get in Touch with a DeKalb County Assault & Battery Attorney
The former elected District Attorney Robert James has 25 years of experience handling cases in the criminal justice system and knows how to navigate complex criminal matters. He is equipped with a team and resources needed to handle your assault and battery case. If you find yourself in need of quality representation, our firm is ready to assist you.
Contact Robert James Trial Attorneys today for a FREE consultation! An experienced DeKalb County assault & battery lawyer is prepared to walk you through your options and fight for you.