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Assault and Battery Defense in Georgia

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Assault and battery charges in Georgia range from simple misdemeanors to aggravated felonies carrying up to 20 years in prison. Under O.C.G.A. § 16-5-20, simple assault is an attempt to commit a violent injury upon another person or an act that places another person in reasonable apprehension of receiving a violent injury. Simple battery under O.C.G.A. § 16-5-23 is intentionally causing physical harm to another person.

Aggravated assault under O.C.G.A. § 16-5-21 occurs when the assault is committed with the intent to murder, rape, or rob, or when a deadly weapon or an object capable of causing serious bodily injury is used. It is a felony carrying 1 to 20 years in prison. Aggravated battery under O.C.G.A. § 16-5-24 (intentionally causing serious bodily harm) carries a sentence of 1 to 20 years.

Many assault cases involve self-defense or situations where both parties participated. Georgia recognizes the right to self-defense under O.C.G.A. § 16-3-21, permitting the use of reasonable force to protect oneself. For non-citizens, an aggravated assault conviction is an aggravated felony under INA § 101(a)(43)(F), resulting in near-certain deportation and a permanent bar to reentry.

Steps You Should Take

1

Do Not Speak to Police Without an Attorney

Do not give your account of the facts to police without an attorney present. Your statement can be misrepresented or used against you. Say: 'I invoke my right to remain silent and I want an attorney.'

2

Call (770) 609-9396

Assault defense requires a rapid evaluation: Was it self-defense? Are there witnesses? Is there video? Are there documented injuries? The sooner we have your case, the better we can protect you.

3

Identify Witnesses

If there were witnesses to the incident, obtain their names and contact information before they become difficult to locate. Witnesses can corroborate your account of self-defense or provocation.

4

Preserve Evidence

Photos of your own injuries (if you were attacked first), text messages or prior communications with the alleged victim, and any video of the incident. Do not destroy any evidence.

Frequently Asked Questions

What is the difference between assault and battery?
Assault is the threat or attempt to cause harm (no physical contact required). Battery is the actual harmful physical contact. Both can be simple (misdemeanor) or aggravated (felony). In practice, charges are frequently combined as 'assault and battery.'
Can I claim self-defense?
Yes. Georgia recognizes self-defense under O.C.G.A. § 16-3-21. You may use reasonable force to defend yourself if you reasonably believe you are in imminent danger of bodily harm. Georgia also has a 'Stand Your Ground' law (O.C.G.A. § 16-3-23.1) that eliminates the duty to retreat in certain locations.
What makes an assault 'aggravated'?
An assault becomes aggravated when: a deadly weapon or object capable of causing serious injury is used, there is intent to commit murder/rape/robbery, a firearm is discharged from a vehicle, or when the victim is a law enforcement officer, a person over 65, or a public employee acting in an official capacity.
What is Georgia's Stand Your Ground law?
Under O.C.G.A. § 16-3-23.1, you have no duty to retreat before using force in self-defense if you are in a place where you have a legal right to be. This applies in your home, your vehicle, or any public place where you are present lawfully.
Does an assault charge affect my immigration?
Aggravated assault is an aggravated felony under INA § 101(a)(43)(F), which carries mandatory deportation and a permanent bar. Even simple assault may be a CIMT depending on the circumstances. The defense must consider immigration consequences in every decision.

Applicable Laws

O.C.G.A. § 16-5-20Simple assault: attempt or threat of violent injury.
O.C.G.A. § 16-5-21Aggravated assault: with a deadly weapon or intent to commit a serious crime. Felony 1-20 years.
O.C.G.A. § 16-3-21Self-defense: justified use of force to protect against imminent harm.
O.C.G.A. § 16-3-23.1Stand Your Ground: no duty to retreat in a place where you have a legal right to be.

Related Services

Violencia DomésticaDefensa CriminalCargos de DrogasDefensa CriminalDUIDefensa Criminal

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Norcross, GA 30093

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