In Georgia, assault charges can range from misdemeanors to serious felonies, depending on the circumstances of a particular defendant’s circumstances. While both assault and aggravated assault involve threats or actions of harm against another person, the key difference is the level of intent and severity of the act. Understanding these distinctions is important for anyone facing criminal charges, as it will inform the best way to construct a solid legal defense strategy.
Under Georgia law, simple assault occurs when someone attempts to commit a violent injury against another person or causes them to reasonably fear immediate harm. This means that physical contact is not required. Threatening someone with harm or attempting to strike them, even if unsuccessful, can lead to an assault charge.
Simple assault is generally classified as a misdemeanor. However, it can be upgraded to a high and aggravated misdemeanor if the victim is a family member, an elderly person, a pregnant woman or a public employee performing official duties.
A conviction for simple assault can result in:
- Up to one year in jail
- Fines up to $1,000
- Probation or community service
If the charge is classified as a high and aggravated misdemeanor, fines can increase to $5,000.
Aggravated assault
Aggravated assault is a far more serious charge and is classified as a felony. A person may be charged with aggravated assault if they:
- Intend to murder, sexually assault or rob another person
- Use a deadly weapon or any object likely to cause serious bodily injury
- Fire a weapon at someone, even if no one is hurt
The presence of a weapon, the intent behind the act and the severity of harm all contribute to whether an assault charge is upgraded to aggravated assault.
Penalties for aggravated assault are much harsher than for simple assault. A conviction can result in:
- A minimum of one year and up to 20 years in prison
- Higher sentences if the crime involves a weapon, a police officer or a child
- Permanent criminal record as a convicted felon
With all of this said, it cannot be emphasized enough that with so much at stake, a strong legal defense is necessary, whether an assault charge is classified as aggravated or not.