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Explaining Assault & Battery Laws In Georgia


man with knife attempting to fight another man

There are certain situations when even a minor disagreement can spark a physical altercation. Whether as the result of a misunderstanding, a mistaken identity, or an error in judgment, charges of assault and battery can put your finances, your personal freedoms, and even your future in jeopardy. At the Law Offices of J. Lee Webb, our Athens assault and battery law firm provides aggressive legal representation to ensure you have a strong legal defense and to protect you against lengthy court hearings, heavy fines, and even potential jail time. In dealing with these types of charges, it is important to understand the different categories of assault and battery, as well as the ways in which our office may be able to help you avoid a conviction.

Types of Assault and Battery

Assault and battery charges are listed under Title 16 of the Georgia Code of Laws, and the differences between them generally involve the intent of the person charged, the degree of harm done, and whether or not a weapon was used in causing the harm.

Simple Assault

Listed under Section 16-5-20 of the Georgia Code, simple assault occurs when one person attempts to hurt or injure another. A misdemeanor charge, penalties upon conviction include fines and a maximum jail sentence of one year, depending on the circumstances.

Simple Battery

Whereas simple assault involves the attempt to injure another, simple battery involves actually causing injury to another person. Under Section 16-5-23 of the Georgia Code, simple battery is also classified as a misdemeanor, and while the same types of penalties apply, the actual sentence upon conviction is likely to be more than for simple assault, depending on the degree of harm done.

Aggravated Assault

Section 16-5-21 of the Georgia Code defines aggravated assault as using a weapon or any type of object or device during an assault with the intent to rob, rape, or murder, and also includes pointing and discharging a gun either at or towards another person. Classified as a felony, if convicted of aggravated assault you could be facing potential jail time of one to 20 years, as well as having to pay fines and restitution to any victims.

Aggravated Battery

Aggravated battery also a felony, is listed under Section 16-5-24 of the Georgia Code, and while it involves the same types of penalties as aggravated assault, the actual crime itself is somewhat different. By law, aggravated battery is defined as committing a malicious act that results in the victim either actually losing or losing the use of a limb or body part, or being disfigured in some way.

How Our Athens Assault and Battery Law Firm Can Help

At the Law Offices of J. Lee Webb, we can help strategize the best course of defense for whatever types of charges you face. For simple assault and battery, we may be able to negotiate on your behalf to have your charges reduced or dismissed, without you ever having to step foot within a courtroom. For more serious charges of aggravated assault and battery, while there is always the opportunity to present evidence casting doubt as to whether you actually committed the crime, your legal defense may also involve proving elements of each crime existed. For aggravated assault help, this may involve disputing your intent to cause injury, or disputing testimony that a weapon was used during the crime. Aggravated battery help also can hinge on proving intent, or may involve defending your actions on the basis of self-defense.

Get the Professional Assault and Battery Help You Need Today

If you or a loved one is facing assault and battery charges, contact our experienced Athens assault and battery lawyers. At the Law Offices of J. Lee Webb, we provide the strong legal defense our clients need when facing serious criminal charges. When it comes to your livelihood, get the professional representation you need.

Call at (706) 705-5122 or contact us online today to request a free consultation.

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