Legal Video Library

Assault Defined Under Georgia Law

• Simple assault occurs when a person attempts to physically injure another or causes them to fear immediate harm.

• It does not require physical contact, a raised fist, verbal threat, or sudden aggressive movement can qualify.

• Punishable as a misdemeanor, but penalties can increase if the victim is elderly, pregnant, or a public safety worker.

• Typical penalties include fines, probation, community service, or up to 12 months in jail.

Aggravated Assault Defined

• Aggravated assault involves assault with the intent to murder, rape, or rob, or with a deadly weapon or object likely to cause serious injury.

• The offense becomes a felony, carrying potential prison sentences from 1 to 20 years.

• Common examples: pointing a loaded gun, stabbing, or attempting to run someone over.

• Enhanced penalties apply if the victim is a police officer, teacher, or public employee on duty.

Key Distinction Between the Two

• Intent: Aggravated assault requires intent to commit a violent felony or use of a dangerous weapon.

• Severity: Simple assault is a misdemeanor; aggravated assault is a felony with significantly higher penalties.

• Injury Risk: Simple assault causes fear or minor harm; aggravated assault involves serious injury or threat of death.

• Weapon Use: The presence or use of a weapon is the clearest dividing line.

How Prosecutors Decide Charges

• Review of evidence such as weapons, injuries, and witness statements.

• Determination of whether the defendant intended to cause harm or acted recklessly.

• Consideration of circumstances, such as self-defense, provocation, or mutual combat.

• Use of aggravating factors (like vulnerable victims or prior violent offenses) to elevate charges.

Common Defenses Clients Should Know

• Self-defense: Showing the accused acted to protect themselves or another from immediate harm.

• Lack of intent: Arguing there was no intent to injure or threaten.

• False accusation: Challenging the credibility or motive of the accuser.

• Mutual combat: When both parties willingly engaged in a fight, lowering the severity of the charge.

Why This Distinction Matters

• The classification determines whether a person faces a misdemeanor or a felony record.

• Aggravated assault convictions can result in long-term imprisonment, loss of gun rights, and a permanent criminal record.

• Understanding the difference allows defense attorneys to negotiate charge reductions, sometimes turning an aggravated charge into a simple assault or battery case.