Difference Between Simple And Aggravated Assault In Georgia

Assault is a serious crime in Georgia, and defendants can face substantial penalties if convicted. Moffitt Law, LLC, can defend individuals accused of assault, but you should quickly contact our office to speak with a LaGrange criminal defense attorney. Below, we provide an overview of the law of assault and aggravated assault. Please call us if you have questions.

Simple vs. Aggravated Assault

You can find the law on simple assault at Georgia Code § 16-5-20. A person commits simple assault in Georgia when they:

• Attempt to cause a violent injury to someone else, or
• They commit an act that places a person in reasonable fear of injury.

As you can see, simple assault does not require that you actually cause bodily injury. Instead, attempting to cause injury or putting someone in reasonable fear of an injury is sufficient to face charges. For example, taking a swing at someone but missing is assault. The same is true if you throw something at them but miss.

Sometimes, simple assault is of a “high and aggravated nature.” These situations involve committing assault while using public transportation or otherwise assaulting a pregnant woman, family member, or public school employee.

You can find the law on aggravated assault at Georgia Code § 16-5-21. This is a more serious offense than simple assault, so it is a felony. In Georgia, aggravated assault consists of assaulting someone:

• With intent to rob, rape, or murder
• With a deadly weapon
• With any weapon that can cause strangulation
• By shooting from your car without legal justification toward a person.

Aggravated assault does not require that you actually touch a person or hit them with a bullet. But shooting and missing would be an example of aggravated assault in Georgia. The person who commits that crime can face felony charges.

Penalties for Assault and Aggravated Assault

Simple assault is typically a misdemeanor offense. If you are convicted of simple assault, Georgia law calls for a maximum of 12 months in jail and a $1,000 fine as penalties.

If the assault is high and aggravated, then a defendant faces up to 12 months in jail and a $5,000 fine.

As a felony, Georgia aggravated assault can result in 1-20 years in prison and a maximum $2,000 fine. However, if you shoot at someone from a car, then the minimum sentence is five years.

There are other repercussions from any conviction, even for a misdemeanor. For example, you will have a criminal history, which can frustrate your ability to find work or an apartment or even gain admission to college.

Felonies in Georgia will also result in the loss of gun rights, as well as civil rights like voting. We can discuss what to expect if you are facing aggravated charges.

Defending Against Assault Charges

A charge is not a conviction. Instead, every defendant has a right to raise a defense. At Moffitt Law, we pay close attention to the facts of your case, the better to determine which defense is most likely to succeed. Cases are not as open-and-shut as the state likes to pretend.

For example, we might argue:

• Self-defense or defense of others. You could have assaulted someone who attacked you first, or you could have committed assault while trying to rescue someone else from an attack.
• Reasonable doubt. There might be serious questions about whether you are even the right defendant. Many witnesses are confused, especially at night.
• Lack of intent. Assault often requires intent. However, you could have innocently or playfully swiped at someone as part of a joke. You did not intend to injure them.
• Lack of reasonable fear. Sometimes, assault requires that a victim fear they are about to be hurt. But that fear must be reasonable. For example, you could have swung at someone, but been so far away that there was no possibility of making contact with them. In that case, you should not be convicted of assault.
• Constitutional violations. The state might have arrested you without a valid warrant or probable cause. We can seek to exclude evidence or get charges thrown out if the state did not follow constitutional procedures.

In some situations, we might seek a plea deal, depending on the strength of evidence against you, as well as your criminal history. The best disposition possible will depend on the facts we can discuss in a consultation.

Call Our LaGrange Criminal Defense Lawyer

Tyler Moffitt has helped men and women in LaGrange deal with all types of criminal charges, including those for violent crimes like assault. Our firm can meet to discuss your charges and address any concerns or questions. Do not try to defend yourself without an experienced lawyer; contact us to schedule a consultation.