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Assault and Battery FAQ Atlanta, Georgia

What does Assault and Battery mean in Georgia? 

In Georgia, the simplest way to distinguish between Assault and Battery is if there was actual physical contact during a confrontation between two people. Other states do not make a big distinction between Assault and Battery, South Carolina for example does not distinguish between either term. Assault in Georgia is defined as “attempting” to cause a bodily injury to someone. Battery is defined as “causing bodily harm” against someone.  

Is Assault and Battery a felony or misdemeanor in Georgia?

Georgia does not categorize crimes by degree or class. Instead, crimes are either misdemeanors or felonies. Assault and Battery charges can either be felonies, high and aggravated misdemeanors, or simple misdemeanors. Simple Battery and Simple Assault can be misdemeanors, either simple or of a High and Aggravated Nature. Aggravated Assault and Aggravated Battery are considered felonies. 

What are the consequences of an Assault or Battery Charge in Georgia?

Simple Assault & Battery are misdemeanor charges. If they are not considered Misdemeanors of a High and Aggravated Nature then their penalties are up to 1 year in prison and up to $1,000 in fines. Restitution and probation can be expected. Misdemeanors of a High and Aggravated Nature have a heavier penalty of up to $5,000 in fines. 

Felony charges like Aggravated Assault & Battery come with much heavier penalties than their misdemeanor counterparts. These charges come with a minimum of 1 year in prison. Prison terms can be as long as 25 years and assaulting certain individuals like police officers can induce these longer terms. 

Do I need to hire an attorney to represent me?

It is highly recommended to hire an attorney to represent you in court. Not only is it recommended to hire an attorney to represent you, but it is important to contact an attorney with trial experience and experience dealing with criminal law. Attorneys can help guide you through the difficult process which is facing these charges. Even if your charge is a misdemeanor charge, hiring an attorney can help guarantee you defend your rights to the fullest extent. 

Will a criminal charge affect my future? 

A criminal conviction can have serious consequences for anyone’s future prospects in life. It is important to avoid conviction and thus hiring an attorney is recommended. A criminal conviction can result in jail time, fines, restitution, probation, and other consequences. Having a criminal record can result in unfavorable loans as well as full denial of loans. This can affect buying a car, a home, and starting a business. Criminal convictions can also lead to employment prospects being hindered. 

What is the difference between Assault and Domestic Violence?

An Assault or Battery charge can be categorized as Domestic Violence. Domestic Violence is an umbrella term that categorizes crimes as such if the crime was committed against certain family members or intimate partners. Usually, domestic violence charges are prosecuted more severely than ‘regular’ charges. 

Contact Us. 

If you have been charged with a criminal offense, whether a felony or misdemeanor dealing with these issues through a criminal defense attorney is highly recommended. These charges are potentially life-changing and having the right defense is important. Contact LaScala Law Firm today by clicking here or calling at 404-881-8866

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