Skilled Aggravated Assault and Battery Attorney in Greene County, Georgia

Aggravated Assault and Battery Attorney

If you or a loved one find yourself facing charges for aggravated assault or battery, you may wonder where to turn. It can be hard to know exactly what those charges mean or what to expect when the time comes to face a judge. Michael Fulcher Law has years of experience guiding clients through the complexities of the criminal justice system and knows how to fight for your future and freedom. 

When you’ve been charged with aggravated assault and battery, the first step is to contact an experienced aggravated assault attorney. Your lawyer will help you build your case and ensure your rights and freedoms are protected. 

Assault and Battery Laws in Walton County, Georgia

Assault refers to an attempt or threat to cause physical injury to another person, whereas battery is the actual act of violent physical contact. Assault and battery are often charged together, but assault can occur on its own if no physical contact is made. Take, for example, a bar patron who swings at another patron’s nose and misses. Even though he has missed, he may still have committed assault. Threatening to hit someone can also be considered assault if the victim has reason to believe that the assailant can and will follow through on the threat. 

In Georgia, a person can be charged with one or more of the following assault and battery crimes: simple assault, simple battery, battery, aggravated assault, and aggravated battery. Aggravated assault and aggravated battery, both felonies, are the most serious of the charges. What charges are filed by the district attorney will depend on the circumstances of the case.

Types of 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 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

  • 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 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 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. 

What Are the Penalties for Aggravated Assault and Aggravated Battery in Georgia?

Aggravated assault and aggravated battery are both felonies. Sentences for aggravated assault and battery in Georgia can range from one year to 20 years in prison. The minimum sentence may be higher based on the status of the victim and nature of the incident. 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.

Types of Aggravated Assault and Aggravated Battery and the Associated Penalties 

According to GA Code § 16-5-21 (2020) and GA Code § 16-5-24 (2020), penalties for the different types of aggravated assault and battery in Georgia are as follows. 

  • Aggravated Assault: No less than one but no more than 20 years. 
  • Aggravated Assault Against a Police Officer (Involving a Firearm): No less than ten but no more than 20 years, plus a fine of at least $2,000.00. 
  • Aggravated Assault Against a Police Officer (No Firearm): No less than five but no more than 20 years, plus a fine of at least $2,000.00. 
  • Aggravated Assault Against a Person 65 or Older: No less than three but no more than 20 years. 
  • Aggravated Assault Involving the Discharge of a Firearm From Within a Motor Vehicle: No less than five but no more than 20 years.
  • Aggravated Assault in a Public Transit Vehicle or Station: No less than three but no more than 20 years.
  • Aggravated Assault During a Theft or Attempted Theft of Commercial Cargo: No less than five but no more than 20 years, a fine not less than $50,000.00 but no more than $200,000.00, or both.
  • Aggravated Assault Involving the Use of a Firearm Upon a Student, Teacher, or Other School Personnel in a School Safety Zone: No less than five but no more than 20 years.
  • Aggravated Assault Between Family or Household Members, Not Including Siblings: No less than three but no more than 20 years.
  • Aggravated Assault Against an Officer of the Court: No less than five but no more than 20 years.
  • Aggravated Assault With Intent to Rape a Child Under 14: No less than 25 but no more than 50 years.
    • Aggravated Battery: No less than one but no more than 20 years. 
    • Aggravated Battery Against a Police Officer: No less than ten but no more than 20 years, plus a fine of at least $2,000.00. 
    • Aggravated Battery Against a Person 65 or Older: No less than five but no more than 20 years. 
    • Aggravated Battery in a Public Transit Vehicle or Station: No less than five but no more than 20 years.
  • Aggravated Battery Upon a Student, Teacher, or Other School Personnel in a School Safety Zone: No less than five but no more than 20 years.
  • Aggravated Battery Between Family or Household Members, Not Including Siblings: No less than three but no more than 20 years.

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When you need a lawyer after being charged with a DUI or criminal offense or as you explore your options for filing a personal injury claim, look no further than Michael Fulcher Law’s impressive background, and ultra-attentive client service. To learn more about how we can help you achieve the best legal solution possible for your circumstances, call our criminal defense law firm at (706) 438-1555 or contact us online, and schedule your free consultation today.

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Penalties for Repeat Offenders

A repeat offender may be required to serve the maximum sentence for aggravated assault or battery. Prosecutors often seek lengthy prison sentences for repeat offenders. 

Probation for Aggravated Assault and Battery

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) 4381-555 for a free consultation or contact us online.

Frequently Asked Questions

An experienced aggravated assault attorney can help you beat your aggravated assault and battery charges. Your lawyer will know what to look for, what questions to ask, and the best defense to mount against your charges.

For example, an aggravated battery charge may not hold up if the injury sustained as a result of the incident is not severe enough to constitute aggravated battery or evidence is presented that the accused acted in self-defense.

A conviction for aggravated assault or aggravated battery also requires that the defendant have acted maliciously, and without justification. Therefore, a defense could be based on the defendant’s state of mind at the time of the incident or on a justification for their actions.

Aggravated assault may be justified by the reasonable belief that you were preventing harm to yourself or others greater than the harm you inflicted. Many people who are charged with aggravated assault seek to prove that they acted in self-defense. Self-defense can justify your actions, and keep you from an aggravated assault conviction. An experienced aggravated assault attorney can help you build your defense.

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

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