Assault

Assault and Battery Charges in Smyrna, Georgia

Georgia treats assault and battery as separate offenses. Under Georgia law, simple assault occurs when a person attempts to cause violent injury to another. It also includes an act that places another in reasonable apprehension of immediately receiving violent injury. Assault covers the threat or risk of harm, not physical contact itself.

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Battery involves actual contact or harm. Simple battery occurs when a person intentionally makes physical contact of an insulting or provoking nature. It also includes intentionally causing physical harm. Battery with substantial harm is more serious. It requires intentionally causing substantial physical harm or visible bodily harm, such as substantially blackened eyes, swollen facial features, or substantial bruises.

When a threat of violence accompanies the taking of property, prosecutors may add a separate larceny charge to the assault count. If you face an assault or battery charge in Smyrna, speak with an experienced criminal lawyer in Smyrna as soon as possible. Early counsel helps you understand the charges and begin building a defense.

Georgia law classifies assault and battery offenses by severity. Each charge carries different penalties depending on the circumstances and the victim involved. Defendants in neighboring Fulton County face the same classifications when charged with misdemeanor simple assault.

Simple Assault

Simple assault is a misdemeanor under Georgia law. Certain situations raise it to a misdemeanor of a high and aggravated nature, which carries up to 12 months in jail and a fine of up to $5,000. These include assault in a public transit vehicle or station. They also include assault against a public school employee during official duties. They also include assault against a pregnant woman. Note that Georgia law does not attach an enhanced tier for simple assault against elderly victims or public safety officers.

Family-violence simple assault applies when the offense occurs between certain people. These include past or present spouses. They also include parents of the same child. They also include parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. Siblings are expressly excluded from that relationship list. Family-violence simple assault is punished as a misdemeanor of a high and aggravated nature, but it does not reach corporal punishment a parent or guardian administers to a child.

Simple Battery and Battery

Simple battery is a misdemeanor under Georgia law. The offense is elevated to a high and aggravated misdemeanor when committed against certain victims. These include a person 65 or older. They also include a pregnant woman. They also include a police or corrections officer engaged in official duties. Other specified situations also qualify.

Under Georgia law, battery is a misdemeanor on a first conviction. A second conviction against the same victim carries imprisonment of not less than ten days nor more than 12 months, a fine up to $1,000, or both. The ten-day minimum cannot be suspended or probated unless the judge finds clear and convincing evidence of undue hardship or a failure of justice. A third or subsequent conviction against the same victim is a felony carrying one to five years in prison. Battery against a teacher or other school personnel on duty carries one to five years in prison, a fine up to $10,000, or both.

Family-Violence Battery

Family-violence battery occurs when battery is committed between household members. Household members are defined as past or present spouses. They also include parents of the same child. They also include parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. This conduct constitutes family-violence battery under Georgia law. Unlike the family-violence tiers for simple assault and simple battery, that definition does not exclude siblings. A first conviction is a misdemeanor, unless the defendant has a prior forcible-felony conviction against a household member, in which case it is a felony carrying one to five years. A second or subsequent conviction against the same or another victim is a felony carrying one to five years. Anyone facing these charges should consult a battery lawyer who understands Georgia's family-violence statutes.

What to Expect in a Cobb County Assault Case

Smyrna falls within Cobb County, and assault and battery cases follow Cobb County's court system. After an arrest, the defendant is typically booked at the Cobb County Adult Detention Center. A first appearance before a judge follows. The court addresses bond at this hearing.

For felony charges such as aggravated assault, a preliminary hearing may be held in Cobb County Magistrate Court. If the case moves forward, a grand jury reviews the evidence and may return an indictment. Arraignment and trial for felony cases take place in Cobb County Superior Court.

Misdemeanor charges – including simple assault and simple battery – are generally handled in State Court of Cobb County. The procedural steps and timelines vary depending on the facts of each case. Consulting an assault defense attorney early in the process helps you understand what lies ahead.

Aggravated Assault Charges and Penalties in Georgia

Aggravated assault is a felony under Georgia law. A person commits aggravated assault by assaulting another in one of four ways.

First, the person assaults with intent to murder, rape, or rob. Second, the person uses a deadly weapon or any object, device, or instrument likely to or actually resulting in serious bodily injury. Third, the person uses an object likely to or actually resulting in strangulation. Fourth, the person discharges a firearm without legal justification from within a motor vehicle, or immediately after exiting one, toward a person, an occupied motor vehicle, or an occupied building.

Intent to murder, rape, or rob is one form of aggravated assault. It is not the defining element for all forms. Anyone facing these charges should seek an aggravated assault lawyer in Georgia. A lawyer can evaluate the specific allegations.

Under Georgia law the base penalty is imprisonment for not less than one nor more than 20 years, but a firearm discharged from a motor vehicle carries five to 20 years. Enhanced penalties apply in several situations. These aggravating factors likewise drive the penalties for aggravated assault in DeKalb County prosecutions:

• Victim 65 or older – three to 20 years under Georgia law
• Public safety officer on duty – five to 20 years, or ten to 20 years when a person 17 or older discharges a firearm, under Georgia law
• Cargo vehicle theft – five to 20 years and / or a fine of not less than $50,000 nor more than $200,000 under Georgia law
• Intent to rape a child under 14 – 25 to 50 years under Georgia law

If you need an assault with weapon lawyer, act quickly. Aggravated assault between household members carries three to 20 years. An aggravated assault on a public safety officer carries a mandatory minimum of ten years when a person 17 or older discharges a firearm, and three years when another weapon is used.

Aggravated Battery

Aggravated battery is a separate felony under Georgia law. Unlike simple assault, aggravated battery is not an attempt. It requires that the defendant maliciously caused bodily harm. The harm occurs by depriving another person of a member of the body. It also occurs by rendering a member useless. It also occurs by seriously disfiguring the body. The base penalty is one to 20 years in prison.

Defenses to Assault and Battery Charges in Georgia

Defense strategies depend on the specific facts and circumstances of each case. Georgia law provides several recognized defenses to assault and battery charges.

Self-Defense and Stand Your Ground

Under Georgia law, a person may use force when and to the extent they reasonably believe it is necessary. The force must defend against the imminent use of unlawful force. Deadly force is justified only when necessary to prevent death or great bodily injury. Deadly force is also justified to prevent the commission of a forcible felony.

Georgia imposes no duty to retreat. A person who uses force in accordance with Georgia's self-defense statutes has no duty to retreat and has the right to stand his or her ground. These self-defense principles apply with equal force to anyone arrested for assault in nearby Roswell.

But self-defense is not available to a person who initially provoked the use of force with the intent to use that force as an excuse to inflict bodily harm. It is also unavailable to the aggressor, or to someone in a fight by agreement who has not withdrawn from it and said so. It is likewise unavailable if you were attempting to commit or fleeing from a felony.

Defense of Habitation and Property

Georgia law also permits the use of force to prevent unlawful entry into or attack upon a habitation under Georgia law. Defense of property other than a habitation is also permitted. In defending such property, deadly force is justified only to prevent a forcible felony. In defending a habitation, it is also justified against a violent and tumultuous entry that threatens someone inside, against a forcible entry by a person who is not a family or household member, or to prevent a felony inside.

Other Common Defenses

Additional defenses may apply depending on the circumstances. These defenses include lack of intent, mistaken identity, or consent in limited contexts. You may also argue insufficient evidence that the alleged victim was placed in reasonable apprehension of injury. You may also argue insufficient evidence that physical contact occurred.

Speak With a Smyrna Aggravated Assault Lawyer

An aggravated assault conviction is a felony that affects your employment, your right to possess firearms, and your future. Even a misdemeanor assault or battery conviction can carry jail time and a permanent record. An aggravated assault lawyer in Smyrna can review your case, explain your options, and begin building a defense.

Early legal counsel matters. Speaking with an attorney before making statements to police protects your rights and strengthens your defense. If you or a family member faces assault or battery charges in Smyrna or Cobb County, contact Kohn & Yager LLC. Request a free consultation to discuss the specific circumstances of your case.

Frequently Asked Questions

What Is the Difference Between Simple Assault and Aggravated Assault in Georgia?

Simple assault is a misdemeanor involving an attempt to cause violent injury. It also involves an act that places another in reasonable apprehension of violent injury. Aggravated assault is a felony. It adds one of four elements: intent to murder, rape, or rob. It also includes use of a deadly weapon or object likely to cause serious bodily injury. It also includes strangulation. It also includes discharging a firearm from a motor vehicle without legal justification. The base penalty for aggravated assault is one to 20 years in prison.

What Is the Penalty for Aggravated Assault With a Deadly Weapon in Georgia?

Aggravated assault with a deadly weapon carries imprisonment of not less than one nor more than 20 years under Georgia law. Enhanced penalties apply when the victim is 65 or older, a public safety officer, or in other specified situations.

Is There a Duty to Retreat Before Using Self-Defense in Georgia?

No duty to retreat exists under Georgia law. Under Georgia law, a person who uses force in accordance with Georgia's self-defense statutes has the right to stand his or her ground.

What Makes a Battery Charge a Family-Violence Battery in Georgia?

Family-violence battery occurs when battery is committed between household members. Household members are defined as past or present spouses. They also include parents of the same child. They also include parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. Unlike the family-violence tiers for simple assault and simple battery, that definition does not exclude siblings.

What Court Will Hear My Smyrna Assault Case?

Misdemeanor assault and battery charges are typically handled in State Court of Cobb County. Felony charges such as aggravated assault proceed through Cobb County Magistrate Court for preliminary hearings. The case then moves to Cobb County Superior Court for indictment, arraignment, and trial.