Assault and Battery

Assault & Battery | Athens GA Criminal Lawyer

Assault and battery are defined in O.C.G.A. § 16-5-20 to § 16-5-29. The crimes of assault and battery include:

  • Simple Assault
  • Aggravated Assault
  • Simple Battery
  • Aggravated Battery
  • Female Genital Mutilation
  • Assault of Unborn Child
  • Battery of Unborn Child

Simple Assault

A person commits the offense of simple assault when they attempt to commit a violent injury to the person of another; or commits an act which places another in reasonable apprehension of immediately receiving a violent injury. The offense of simple assault is a misdemeanor, which means that one can be punished by up to one year in confinement and a $1,000 fine. If you have been charged with simple assault, you need to contact our Athens GA criminal lawyer today to discuss your defenses.

Aggravated Assault

A person commits the offense of aggravated assault when they assault with the intent to murder, rape or rob; 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; with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or  a person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.  Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. f the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. A person who knowingly commits the offense of aggravated assault upon an emergency health worker while the worker is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. If you have been charged with aggravated assault, you need to contact our Athens GA criminal lawyer today to discuss your defenses.

Battery

A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. A person who commits the offense of battery is guilty of a misdemeanor which means that one can be punished by up to one year in confinement and a $1,000 fine. Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. Upon a third or subsequent conviction for 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.

If the offense of battery is committed between household members, it shall constitute the offense of family violence battery. Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; provided, however, that if the defendant has previously been convicted of a forcible felony committed between household members under the laws of this state, of the United States, including the laws of its territories, possessions, or dominions, or any of the several states, or of any foreign nation recognized by the United States, which if committed in this state would have constituted a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. Upon a second or subsequent conviction of family violence battery against the same or another 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. Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. Any person who commits the offense of battery against a teacher or other school personnel engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.

If you have been charged with battery or family violence battery, our experienced criminal defense attorney will help explain to you best options for a defense. The Courts in Georgia take family violence battery extremely seriously, so if you have been charged with family violence you need to contact our experienced family violence lawyer to help prepare the best defense available to you.

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. A person convicted of the offense of simple battery shall be punished as for a misdemeanor, which means that you can be punished by up to one year in confinement and a fine of up to $1,000. Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.  Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.

if you have been charged with the crime of simple battery you need to contact our experienced criminal lawyer today. We can discuss your options for a defense, and explain what your options are. Call today to discuss your simple battery matter with our experienced criminal defense attorney.

Aggravated Battery

A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.

Aggravated battery is an extremely serious charge.  You need to hire an experienced defense attorney, like our criminal lawyer. Contact our office today to discuss your available defense options. Our criminal defense lawyers are experienced in representing individuals charged with aggravated battery.

Female Genital Mutilation

Any person who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female under 18 years of age who is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or who knowingly removes or causes or permits the removal of a female under 18 years of age from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female shall be guilty of female genital mutilation. A person convicted of female genital mutilation shall be punished by imprisonment for not less than five nor more than 20 years. If you have been charged with committing a female genital mutilation, you need aggressive representation. Call our criminal lawyer today to discuss your matter with an experienced criminal defense attorney.

Assault of an Unborn Child

A person commits the offense of assault of an unborn child when such person, without legal justification, attempts to inflict violent injury to an unborn child. Any person convicted of the offense of assault of an unborn child shall be guilty of a misdemeanor.

Battery of an Unborn Child

A person commits the offense of battery of an unborn child when such person, without legal justification, intentionally inflicts physical harm upon an unborn child.  A person convicted of the offense of battery of an unborn child shall be guilty of a misdemeanor.