Aggravated Assault & Battery Attorney
in Madison, Georgia
When facing charges for aggravated assault or simple battery charge Georgia, it can be daunting to figure out where to turn for help. Understanding the specifics of the charges and what to anticipate in court can be overwhelming. Michael Fulcher Law, with its years of experience navigating the intricacies of the criminal justice system, can provide invaluable guidance and representation. Whether you or a loved one is facing such aggravated battery Georgia, the firm knows precisely how to fight for your freedom and future.
When you’ve been charged with aggravated assault and battery, the first step is to contact an experienced criminal defense attorney. Your lawyer will help you build your case and ensure your rights and freedoms are protected.
Aggravated Assault and Battery Law in Georgia
Aggravated assault and battery in Georgia refer to criminal offenses that involve the intentional infliction of bodily harm on another person.
Aggravated assault
Aggravated assault is a felony charge and can include the use of a deadly weapon or the intent to rape or murder.
Aggravated battery
Aggravated battery is also a felony charge and involves causing serious bodily harm, disfigurement, or disability to the victim.
In both cases, the penalties can be severe, including imprisonment, fines, and a criminal record that can affect employment and other aspects of life.
Simple Battery Law in Georgia
Under O.C.G.A. § 16-5-23, simple battery in Georgia occurs when a person intentionally makes physical contact of an insulting or provoking nature with another person or causes physical harm to another. This offense is classified as a misdemeanor, but the penalties can vary depending on the circumstances.
Types of Assault in Georgia
Simple assault
Simple assault is a misdemeanor. A person commits a simple assault when they attempt or threaten to cause a physical injury to another person.
Aggravated assault
Aggravated assault is a felony. An aggravated assault is an assault with the intent to murder, rape, or rob; or an assault with a deadly weapon or a device that could lead to strangulation. Discharging a firearm from a motor vehicle toward a person or people also counts as an aggravated assault.
Types of Battery in Georgia
Simple battery
Simple battery is a misdemeanor. A person commits simple battery when they make offensive physical contact with someone else or intentionally cause physical harm to another person.
Battery
Battery is a step-up from the lesser charge of simple battery, but is still a misdemeanor. A person commits battery when they cause substantial physical harm or visible bodily harm to another person. This might consist of a black eye or substantial bruising.
Aggravated battery
Aggravated battery is the most serious of these offenses. A charge of aggravated battery will be filed if the defendant is believed to have maliciously caused bodily harm to another person by permanently injuring, maiming, or seriously disfiguring a part of their body. A knowledgeable aggravated battery attorney in Georgia can help defend you from such charges.
Penalties for Aggravated Assault and Aggravated Battery in Georgia
Aggravated battery on a student in a school safety zone, for example, carries a minimum sentence of five years. Courts may also enforce fines, probation, and monetary restitution to victims.
CALL US NOW
FOR A FREE CONSULTATION
Facing legal challenges, whether it’s a DUI, criminal charge, or navigating traffic-related offenses, requires a skilled advocate. Turn to Morgan County’s Michael Fulcher Law for a blend of legal expertise and unwavering client service from a former Georgia prosecutor. Discover the optimal legal solution for your situation by calling our criminal defense law firm at (706) 438-1555 or reaching out online. Schedule your free consultation today and gain a clearer path forward.
Aggravated Assault with a Deadly Weapon in Georgia
In Georgia, aggravated assault with a deadly weapon is a serious felony offense under O.C.G.A. § 16-5-21. This charge applies when an individual commits an assault using a firearm, knife, or any object capable of causing serious bodily harm or death.
Unlike simple assault, which involves threats or attempts to cause harm, aggravated assault requires an act that creates a reasonable fear of immediate serious injury or an actual attack with a deadly weapon.
Penalties for Aggravated Assault with a Deadly Weapon
Because aggravated assault is a felony, a conviction carries severe legal consequences, including:
- Minimum 1 year to 20 years in prison (sentence length depends on circumstances and criminal history)
- Higher sentences if the crime involves certain victims, such as law enforcement officers, public transit workers, or elderly individuals
- Fines, probation, and restitution
- Permanent felony record, affecting employment, housing, and firearm rights
If the assault is committed against a spouse, partner, or family member, it may be prosecuted as family violence with additional penalties, including mandatory counseling and firearm restrictions.
Penalties for Assault and Battery Repeat Offenders
A repeat offender may be required to serve the maximum sentence for simple battery in Georgia. Prosecutors often seek lengthy prison sentences for repeat offenders.
In Georgia, repeat offenses for assault and battery carry significantly harsher penalties than first-time convictions. Under O.C.G.A. §§ 16-5-20 (assault) and 16-5-23 (battery), prior convictions can escalate charges, increase fines, and lead to longer jail sentences.
Increased Penalties for Repeat Offenders
If you have a prior conviction for simple assault or simple battery, subsequent offenses may be charged as high and aggravated misdemeanors, punishable by:
- Up to 12 months in jail
- Fines up to $5,000
- Probation, community service, or mandatory counseling
However, if the offense involves family members, romantic partners, or household members, it may be classified as family violence under O.C.G.A. § 16-5-23.1, leading to additional restrictions, including:
- Protective orders
- Firearm restrictions
- Enhanced penalties for future convictions
For felony aggravated assault or aggravated battery (O.C.G.A. §§ 16-5-21 and 16-5-24), repeat offenses can result in:
- Years or decades in prison
- Higher fines and mandatory restitution
- Permanent felony record
Probation for Aggravated Battery Georgia
Probation may be imposed instead of prison time for the entirety of a defendant’s sentence or for part of the sentence after the defendant has served some time in prison. For example, a five-year sentence may be broken up into four years in prison and one year on probation. A person on probation must meet with their probation officer regularly, and may have to abide by conditions set by the court, such as performing community service or refraining from drug and alcohol use.
Get Your Aggravated Assault and Battery Legal Representation!
Michael Fulcher Law provides clients with the knowledge and precision of a former Assistant District Attorney and Public Defender who has experienced criminal law from both sides of the courtroom. Call (706) 438-1555 for a free consultation or contact us online.
Frequently Asked Questions
AMAZING WORK
“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”
— TOM
