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Georgia Assault

Simple assault is a common charge that has varying penalties depending on the circumstances of each case. Keep reading to learn more about what the offense of simple assault includes, potential defenses, and how a criminal defense attorney can help you if you are charged with simple assault.

Assault in Georgia

Simple assault, commonly referred to as “assault,” happens when someone attempts to commit a violent injury to another person or commits an act that places another person in reasonable apprehension of immediately receiving a violent injury.

What are the elements of an assault offense?

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For the offense of assault, the State must prove the following:

The Defendant attempts to commit a violent injury to another; or
The Defendant does something that places another person in reasonable apprehension of immediately receiving a violent injury.

Importantly, you do not have to make physical contact with another person to be charged with simple assault. All that is required is that the other person was in reasonable apprehension of immediately receiving an injury. The Court in Bearden v. State noted that when deciding whether a person is in reasonable apprehension of immediately receiving an injury, the Court looks to the fear of the alleged victim. However, the Court may also look at the victim’s conduct, such as if the victim retreats to find safety.

Penalties

Simple assault is treated as a misdemeanor, and the consequences for a misdemeanor assault conviction could include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months.

However, some situations escalate a misdemeanor simple assault conviction to a misdemeanor of a high and aggravated nature. For example, offense of simple assault in a public transit vehicle or station will be punished as a misdemeanor of a high and aggravated nature. The consequences for a misdemeanor of a high and aggravated nature can include a period of confinement of up to one year and up to $5,000 in fines.

Similarly, a person who commits simple assault against the following people will be punished for a misdemeanor of a high and aggravated nature:

Past or present spouses;
Persons who are parents of the same child;
Parents and children, stepparents and stepchildren;
Foster parents and foster children;
Other persons, excluding siblings living or formerly living in the same household; or
A female who is pregnant at the time of the offense.

Defenses

There are several defenses for an assault offense that your criminal defense attorney can argue based on the facts of your case, including:

No reasonable apprehension: If the victim did not fear immediately being harmed, then your criminal defense attorney can argue that the State did not meet its burden of proving each element of simple assault.
Self-defense: If you acted to protect yourself from immediate harm, your defense attorney could argue that you acted in self-defense when committing the simple assault.
No immediacy: If the victim did not fear being harmed immediately and, instead, they feared being harm sometime well into the future, your criminal defense attorney could argue that the State did not meet its burden of proving each element of simple assault.
Innocence: If you were not the person who committed the crime, your attorney could argue that the State is charging the wrong person and that you are innocent.

Frequently asked questions

What is the penalty for simple assault in Georgia?

The penalty for simple assault can include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months. However, the consequence for a simple assault that is treated as a misdemeanor of a high and aggravated nature can include a period of confinement of up to one year and up to $5,000 in fines.

What is the lowest charge of simple assault?

Misdemeanor simple assault is the least serious among assault and battery crimes in Georgia. In other words, simple assault is the lowest charge you can receive for an assault or battery case.

How long do you go to jail for simple assault in Georgia?

You can go to jail for up to one year for a simple assault conviction in Georgia.

Why you need a lawyer for a simple assault offense?

You need a lawyer for a simple assault offense to ensure that all the necessary investigation is undertaken before your court date. This ensures that all relevant evidence is presented to the Court relating to what led to the alleged simple assault and any potential justifications for committing simple assault.

Why you need a lawyer for an aggravated sodomy offense

If you or your loved one is charged with assault, I am here to help. I have decades of experience representing people charged with serious felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!