Madison Assault Defense Lawyer

Facing a simple assault, aggravated assault, or battery charge in Georgia puts your freedom, your reputation, and your future at risk, and Michael Fulcher Law is here to build the strongest possible defense on your behalf.

Assault charges rarely tell the whole story. A single accusation, whether it stems from a bar fight, a domestic dispute, or a misunderstanding that got out of hand, can follow you long after the courtroom doors close. A conviction can cost you a job opportunity, a professional license, custody of your children, or the trust of your community, often before you’ve had a real chance to explain what happened.

Michael Fulcher brings a perspective few defense attorneys can offer: he’s a former prosecutor who has seen these cases built from the other side of the courtroom. That experience means he knows how the state approaches assault and battery charges, where their cases tend to be weakest, and how to challenge the evidence before it ever reaches a jury. He puts that knowledge to work aggressively defending your rights, your freedom, and your future, whether you’re facing a misdemeanor simple assault charge or a felony aggravated assault charge.

You don’t have to figure this out alone, and you don’t have to pay to get answers. Michael Fulcher Law offers a free consultation to review the details of your case and lay out your options. The sooner you talk to an experienced criminal defense attorney, the sooner you can start building a real defense.

Assault in Georgia is either an attempt to cause a violent injury to another person, or an act that places someone in reasonable fear of immediate injury. Depending on the circumstances, the charge ranges from a misdemeanor to a serious felony.

What is simple assault in Georgia?

Under O.C.G.A. § 16-5-20, a person commits simple assault when they:

• Attempt to commit a violent injury against another person, or
• Commit an act that places another person in reasonable apprehension of immediately receiving a violent injury

Simple assault is generally charged as a misdemeanor.

What is aggravated assault in Georgia?

Under O.C.G.A. § 16-5-21, aggravated assault occurs when a person assaults another:

• With the intent to murder, rape, or rob them
• With a deadly weapon or any object, device, or instrument likely to cause serious bodily injury
• With any object, device, or instrument likely to result in strangulation
• By discharging a firearm from within a motor vehicle toward a person or group

Aggravated assault is always a felony in Georgia, unlike simple assault.

Georgia law splits battery into three tiers based on the severity of physical contact or injury: simple battery, battery, and aggravated battery.

What is simple battery in Georgia?

Under O.C.G.A. § 16-5-23, simple battery occurs when a person intentionally makes physical contact of an insulting or provoking nature with another person, or intentionally causes physical harm to another. Simple battery is a misdemeanor, though penalties can vary based on the circumstances.

What is battery in Georgia?

Under O.C.G.A. § 16-5-23.1, battery is a step up from simple battery. A person commits battery when they cause substantial physical harm or visible bodily harm to another person, such as a black eye or significant bruising. Battery is still classified as a misdemeanor, though repeat offenses against the same victim can be charged as a felony.

What is aggravated battery in Georgia?

Under O.C.G.A. § 16-5-24, aggravated battery is the most serious battery charge. It occurs when a person maliciously causes bodily harm to another by depriving them of a body part, rendering a body part useless, or seriously disfiguring their body. Aggravated battery is always a felony. A knowledgeable aggravated battery attorney in Georgia can evaluate whether the alleged injury actually meets this legal threshold.

Penalties for Assault and Battery in Georgia

Sentences can also increase in other specific circumstances. For example, aggravated battery against a student, teacher, or other school personnel within a school safety zone carries a minimum sentence of five years and a maximum of 20. Courts may also impose fines, probation, and restitution to the victim on top of any prison sentence.

Sentences can also increase in other specific circumstances. For example, aggravated battery against a student, teacher, or other school personnel within a school safety zone carries a minimum sentence of five years and a maximum of 20. Courts may also impose fines, probation, and restitution to the victim on top of any prison sentence.

What Is Aggravated Assault with a Deadly Weapon in Georgia?

Aggravated assault with a deadly weapon is a felony under O.C.G.A. § 16-5-21 that occurs when a person assaults another using a firearm, knife, or any other object capable of causing serious bodily injury or death.

Unlike simple assault, which only requires an attempt or threat to cause harm, this charge requires that aggravating factor, the deadly weapon, to elevate the offense from a misdemeanor to a felony.

What Are the Penalties for Aggravated Assault with a Deadly Weapon?

A conviction carries 1 to 20 years in prison and a fine of up to $100,000, since aggravated assault is always a felony in Georgia. Beyond the base sentence, several other factors can affect the outcome:

• The minimum sentence rises to 3 to 20 years if the victim is 65 or older, or a family or household member
• Assaults against peace officers, correctional officers, or utility workers acting in their official duties carry their own enhanced sentencing ranges
• Courts may also order probation, restitution to the victim, and additional fines
• A felony conviction creates a permanent record that affects employment, housing, and, under federal law, the right to possess a firearm

If the assault is committed against a spouse, co-parent, or other household member, it’s prosecuted as family violence aggravated assault, which carries the enhanced 3-to-20-year range above. Georgia law also requires the court to order the defendant into a certified Family Violence Intervention Program in these cases, unless the judge states on the record why it doesn’t apply

What Are the Penalties for Repeat Assault and Battery Offenses in Georgia?

Georgia treats repeat assault and battery convictions differently depending on the specific charge: some statutes have no built-in repeat-offense enhancement, while others escalate to a felony after a second or third conviction.

Do Simple Assault and Simple Battery Get Harsher on a Repeat Offense?

Not automatically. Under O.C.G.A. § 16-5-20 and O.C.G.A. § 16-5-23, a prior conviction alone doesn’t reclassify the charge or raise the penalty ceiling. Both remain misdemeanors punishable by up to 12 months in jail and a $1,000 fine, unless a separate factor applies, such as the victim being a family or household member, pregnant, 65 or older, or a public employee acting in an official role, which raises the maximum fine to $5,000.

What Happens on a Second or Third Battery Conviction in Georgia?

Under O.C.G.A. § 16-5-23.1, a second battery conviction against the same victim carries a mandatory minimum of 10 days up to 12 months in jail, with the fine still capped at $1,000. A third conviction against the same victim becomes a felony, punishable by 1 to 5 years in prison.

Are Repeat Offenses Treated More Harshly in Family Violence Cases?

Yes. Family violence battery escalates to a felony on the second conviction, whether against the same victim or a different one, rather than waiting for a third offense like ordinary battery. A conviction also triggers court-ordered participation in a Family Violence Intervention Program under O.C.G.A. § 19-13-16, and can lead to protective orders and a federal firearms ban under 18 U.S.C. § 922(g)(9).

What Happens on a Repeat Felony Conviction for Aggravated Assault or Aggravated Battery?

Aggravated assault and aggravated battery are already felonies on a first offense, carrying 1 to 20 years. If the defendant has a prior felony conviction, Georgia’s recidivist statute, O.C.G.A. § 17-10-7, requires the judge to impose the maximum sentence for the new offense, though the judge can still probate or suspend part of that sentence. A defendant with three prior felony convictions faces the statute’s “three strikes” provision on a fourth felony: the maximum sentence with no parole eligibility until it’s served.

A person on probation for any of these offenses still has to report regularly to a probation officer and follow court-ordered conditions, such as community service or abstaining from drugs and alcohol, and a felony sentence can be split so that part is served in prison and the remainder on probation.

Contact our Madison Assault Lawyer For Help

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.

“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!”