A Guide to Assault and Battery Offenses in Georgia

Many people think they understand what "assault" and "battery" are, and most lay people use the terms interchangeably. Assault and battery are actually different — but related — concepts in criminal law in Savannah. This article will provide a primer on assault and battery offenses and when you should seek legal advice from a criminal attorney.

The Legal Definitions of Assault and Battery

"Assault" refers to someone's actions or conduct, directed towards another person, that could cause that person to have a reasonable apprehension of harm or direct offensive conduct. It can also be an attempt by one person to violently harm another person. "Battery" is intentional bodily harm. What so many people think constitutes an assault is actually an instance of battery. There does not need to be direct harm for an assault to be committed. Assault can be the mere threat of imminent battery.

If someone threatens to punch another person or raises their fist menacingly at another person, perhaps while breaching that person's personal space, that could be assault. If someone punches another person, that is battery. If someone does both these actions, they could be charged with both assault and battery.

Aggravated Assault and/or Battery

Up until now, we have been talking about what is known in law as simple assault and simple battery, which are usually treated as misdemeanors — unless the accused has an extensive criminal history. If an alleged assault or battery has more severe circumstances, the offender may face aggravated assault or aggravated battery charges. Aggravated assault and aggravated battery are considered more serious violations of the law — and the victim — than simple assault and simple battery.

Aggravating Factors for Assault and Battery Charges

A simple assault can become an aggravated assault in Savannah, Georgia if any of the following factors are present:

• The presence or use of a deadly weapon
• Firing of a firearm (directed outward from within a vehicle)
• A pregnant victim
• A victim who is a senior citizen (over 65 years old)
• An intent to commit further criminal harm or offense — such as rape, robbery, or murder

A charge of aggravated battery means that the victim of battery sustained serious injuries — if bones were broken, limbs were amputated, or the victim suffered paralysis or traumatic brain injury.

Punishment for Assault and Battery Offenses

Simple assault and battery are considered misdemeanor offenses. The sentences for which may include jail time for up to a year and/or a fine of up to $1,000. Depending on the circumstances of the crime, the court could order up to a year of probation or restitution to compensate the victim. 

When it comes to aggravated assault and battery, the severity of the punishment will depend on the aggravated factor or factors. For that reason, there is a wider range of felony penalties, such as jail time for a term of up to 20 years, higher fines, and higher amounts for restitution. Remember that any conviction — whether the offense is simple or aggravated — remains on the offender's criminal record unless they successfully apply for and receive a pardon or a court orders it to be expunged.

Legal Defenses to Assault and Battery Charges

There are a few potential defenses available for people charged with assault and battery offenses if the circumstances fit. They include:

• Self-defense or defense of others — If you needed to apply direct force or threaten to apply direct force against someone to prevent them from hurting you or a loved one. The force applied by the offender to protect themselves or another person must be reasonable under the particular circumstances of the incident, however.
• No intent — For any crime to be proven in court, the prosecution needs to prove criminal intent. For simple assault, the accused needs to have wanted to do the threatening actions. For simple battery, they need to have intended to make direct contact or to cause the victim physical harm. For the aggravated offenses, it must be proved that the aggravating factor was intended — for example, if a firearm was used, that the accused had meant to discharge it. Accidents don't make for aggravating factors.
• Did not do it  — This could be supported by alibi evidence, or if mistaken identity can be shown. Alternatively, the accused just did not do what they are alleged to have done.
• Consent — This is a tricky avenue. People may consent to fight, and to a certain extent, accept that they may sustain some injury during that fight. The injury must have been reasonable given the circumstances. For example, if someone agrees to a scuffle or fist fight, they will not be seen to be agreeing to a stab wound or gunshot. Additionally, in law, no one ever consents to be murdered. 

Successfully arguing that an accused had a legal defense can result in an acquittal at trial or charges being withdrawn or "dropped" after negotiations with the prosecutor. If charged with an aggravated offense and the aggravating factor is disproved, this could result in the charges being "reduced" to simple assault or battery.

Legal Advice is Crucial

Criminal law is not something to navigate on your own. It is a highly technical area of law. An experienced criminal law attorney can make sure your legal rights are protected and work to get the best result for you. If you have been charged with simple assault and/or battery but the prosecutor is looking to upgrade the charges to aggravated assault and/or battery, or may be eligible and benefit from a plea or sentence deal, a lawyer should be the one engaging with the prosecution. If the circumstances merit, a lawyer could even convince the other side to drop the charges. Of course, if you end up on trial, having legal representation is extremely important. The courtroom has numerous rules and procedures that must be followed, and legal arguments in certain cases can be very complicated. 

If you have been charged with assault or battery, or think you are facing charges, it is recommended that you contact a criminal attorney as soon as you are able.