Wilmington Island Assault and Battery Attorney

An Overview of Assault Charges and Battery Charges in Georgia

Assault Charges

In Georgia, assault charges are governed primarily by O.C.G.A. § 16-5-20. The statute defines simple assault as either an attempt to commit a violent injury or an act that places another person in reasonable apprehension of immediately receiving a violent injury. Physical contact is not required as part of this statute. Instead, the offense focuses on conduct and intent rather than resulting harm. Simple assault is a misdemeanor offense in most cases. 

Georgia law also recognizes aggravated assault (O.C.G.A. § 16-5-21). Aggravated assault applies when the alleged act involves a deadly weapon, an object likely to cause serious bodily injury, or intent to commit another serious felony. Aggravated assault is a very serious criminal offense. A person who has been arrested and charged with aggravated assault is facing a felony offense in Georgia. 

Battery Charges

Battery offenses in Georgia are governed by two main statutes: O.C.G.A. § 16-5-23.1 (simple battery and O.C.G.A. § 16-5-23 (battery). A simple battery involves intentional physical contact that is insulting or provoking in nature or that causes physical harm. On the other hand, a battery requires intentional causation of substantial physical harm or visible bodily injury.

There is another even more serious battery-related offense called aggravated battery (O.C.G.A. § 16-5-24.) It applies when serious bodily injury occurs, including permanent disfigurement or loss of a bodily member or function. Aggravated battery is a very serious felony in Georgia. A defendant in Wilmington Island who has been convicted of a battery offense will face the risk of considerable time in state prison, along with other adverse consequences. 

How Our Wilmington Island Attorney Can Help

Assault and battery charges are complicated. If you or your loved one has been arrested, it is normal to have a lot of questions about your rights and your options. Jarrett Maillet has the experience that you can trust when it matters the most. Among other things, our Wilmington Island assault and battery defense attorney is prepared to: 

• Hear your story and explain your rights and your options;
• Investigate the arrest and the charges brought against you; 
• Advocate for your best interests before police and prosecutors; and
• Develop a personalized strategy focused on obtaining the best outcome.  

Assault and Battery in Wilmington Island: Frequently Asked Questions (FAQs)

Is physical contact required for an assault charge in Georgia?

No. In Georgia, assault does not require contact. The crime of simple assault may be charged based on an attempt to commit a violent injury or conduct creating a reasonable fear of immediate injury. 

What distinguishes a simple battery from a battery under Georgia law?

A simple battery involves insulting or provoking contact or minor physical harm. Battery requires substantial physical harm or visible bodily injury. It matters because a simple battery is a less serious criminal charge than battery. If you were overcharged, a Wilmington Island defense lawyer can help. 

What qualifies as “visible bodily injury” for battery charges?

Visible bodily injury includes injuries perceptible to someone other than the victim. Some of the most common examples include bruises, swelling, or cuts. To be clear, medical treatment is not required to establish visibility.

Is self-defense available in assault and battery cases?

Yes. Georgia law recognizes justification defenses when force is reasonably necessary. The viability of the defense depends on the specific circumstances. If you have any questions about raising self-defense as an affirmative defense, our Wilmington Island assault and battery attorney can help. 

Contact Our Wilmington Island Assault and Battery Defense Lawyer Today

At Jarrett Maillet J.D., P.C., our Wilmington Island criminal defense attorney has the skills and experience to defend assault and battery charges. If you or your loved one is facing any type of assault or battery offense, we are here to protect your rights and your interests. Contact us now to set up your completely confidential, no obligation initial consultation at 912-713-3426. Our firm handles assault and battery charges in Wilmington Island and all across Chatham County.