There are two primary types of assault under Georgia law: simple assault and aggravated assault. It’s important to know the difference between the two, and the different penalties associated with each. Keep reading to learn more about simple and aggravated assault under Georgia law.
What is Simple Assault?
According to O.C.G.A. § 16-5-20, a person commits simple assault when they:
- Attempt to commit a violent injury to another person, or
- Commit an act which places another person in reasonable apprehension of immediately receiving a violent injury.
An example of simple assault would be if a person pulls their arm back as if to throw a punch, and another individual believes they are about to be hit.
Georgia courts have analyzed the issue of the intent required to commit a simple assault. They have held that the accused does not have to intend to cause the victim’s apprehension, but only intentionally commit the act that results in the apprehension. Patterson v. The State, 299 Ga. 491 (2016).
What are the Penalties for Simple Assault?
Simple assault is, in most circumstances, a misdemeanor. That said, there are a range of possible sentences that a Georgia judge may order, depending on the facts and circumstances of the case. Below are a few examples of different variations of simple assault and the associated penalties:
| Offense | Classification | Penalty for Conviction |
|---|---|---|
| Simple Assault (No Aggravating Factors) | Misdemeanor | Up to 12 months jail time and/or a fine of $1,000 |
| Simple Assault in a Public Transit Vehicle or Station | High and Aggravated Misdemeanor | Up to 12 months jail time and/or a fine of up to $5,000 |
| Simple Assault between Family Members* | High and Aggravated Misdemeanor | Up to 12 months jail time and/or a fine of up to $5,000 |
| Simple Assault Against Person 65 Years or Older | High and Aggravated Misdemeanor | Up to 12 months jail time and/or a fine of up to $5,000 |
| Simple Assault Against Public School Employee while on School Grounds (including busses) and when the Employee is Engaged in Official Duties | High and Aggravated Misdemeanor | Up to 12 months jail time and/or a fine of up to $5,000 |
| Simple Assault Against Female who is Pregnant** | High and Aggravated Misdemeanor | Up to 12 months jail time and/or a fine of up to $5,000 |
What is Aggravated Assault?
According to O.C.G.A. § 16-5-21, aggravated assault occurs when a person assaults another person:
- With intent to murder, to rape, or to rob;
- With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
- With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
- A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
What are the Penalties for Aggravated Assault?
Aggravated assault is a felony under Georgia law, and the associated penalty changes depending on the facts of the case. Below are a few examples of different variations of aggravated assault and the associated penalties:
| Offense | Penalty |
|---|---|
| Aggravated Assault (with no additional aggravating factors) | At least 1 year but not more than 20 years (but term may be probated) and a fine of at least $2,000. |
| Aggravated Assault Against Public Safety Officer – Assault Occurs by Discharge of Firearm | Imprisonment for at least 10 years but not more than 20 years, and no portion of the mandatory 10 years shall be suspended, stayed, probated, or deferred unless the State and the Defense have agreed a sentence below the mandatory minimum. Additionally, a fine of at least $2,000. |
| Aggravated Assault Against Public Safety Officer – Assault Does Not Involve Discharge of Firearm or the Use of the Person’s Own Body | A least 5 but not more than 20 years, and no portion of the mandatory first 3 years may be suspended, stayed, probated, or deferred unless the State and the Defense have agreed a sentence below the mandatory minimum. Additionally, a fine of at least $2,000. |
| Aggravated Assault Against Public Safety Officer – Assault Involves Only the Use of the Person’s Body | At least 5 but not more than 20 years, but term may be probated. Additionally, a fine of at least $2,000. |
| Aggravated Assault Against Person Over 65 Years of Age | At least 3 but not more than 20 years (may be probated). |
| Aggravated Assault in Public Transit Vehicle or Station | At least 3 but not more than 20 years (may be probated). |
| Aggravated Assault in the Course of a Theft (where subject of the theft is a commercial cargo vehicle) | At least 5 but not more than 20 years (may be probated). Additionally, a fine of at least $50,000 but not more than $200,000. |
| Aggravated Assault – Where offense committed by discharging firearm from a vehicle towards a person or persons | At least 5 but not more than 20 years (may be probated unless victim was a public safety officer, see above). |
| Aggravated Assault Against Teacher or School Personnel Using Firearm in School Safety Zone | At least 5 but not more than 20 years (may be probated). |
| Aggravated Assault Against Family Member* | At least 3 but not more than 20 years (may be probated). |
| Aggravated Assault with Intent to Rape of Child Under 14 | At least 25 but not more than 50 years (but also additionally subject to the provisions O.C.G.A. § 17-10-6.2 pertaining to sexual offenders). |
| Aggravated Assault Against Officer of the Court while Officer Engaged in Official Duties | At least 5 but not more than 20 years (may be probated). |
What’s the Difference Between the Two?
The key difference between simple and aggravated assault, is that simple assault requires the intent to commit an act that places someone else in reasonable apprehension of receiving a violent injury. In contrast, aggravated assault typically involves the use of a weapon, and results in actual bodily harm.
Need Help? Give Me a Call!
As with all crimes where violence is alleged, you should consult with an attorney prior to going to court in your case. There are many possible defenses, and all of these defenses are dependent upon the facts of your particular case. For this reason, you should discuss every detail of your case with your Georgia criminal defense attorney, who will help you decide on the best course of action for you. You deserve to know all of your options and to have a competent and experienced Georgia criminal defense attorney look at your case in detail. Give me a call today!
