The Difference Between Aggravated Assault and Battery in Georgia


Over 41 people out of every 1,000 that live in Georgia will be the victim of a crime every year.

If you’ve received a charge of aggravated assault and battery in Georgia, you need to know what the charge means. No one wants to spend time in jail, but with an aggravated charge prison time is on the table. Understanding the law can help you navigate this situation.

Here’s what you need to know about the difference between assault and battery in the state of Georgia.

Simple Assault in Georgia

When talking about assault and battery charges, it is important to understand the difference. Assault is the act of trying to hurt someone or making them feel as if injury or violence is about to happen to them. This could mean a threat or physical use of force that wasn’t successful.

Simple assault in Georgia is a misdemeanor that can come with up to a year in jail. The severity of the offense is often taken into consideration by a judge. There are other lesser charges that can also happen in place of assault.

Simple Battery in Georgia

Simple battery is a misdemeanor where one person physically insults or harms another person. This can mean something as simple as a slap to the face, punch, or striking someone with an object. As long as no serious physical injury occurs the charge doesn’t rise to a felony level.

Battery charges can often arise in the case of fighting, such as after a bar closes. If one side is the clear aggressor and strikes the other, that would be a case of battery. If they attempt to commit another crime while battering someone, such as robbing them, it can become aggravated.

Assault and Battery

Now that we’ve answered what is battery in law, and what is assault in law, let’s take a look at the charge in question. The first thing to notice is that any time the term aggravated applies, it becomes a much more serious offense. Any aggravated violent crime is a felony in the state of Georgia.

A good example of an assault and battery is when someone finds themselves threatened and then struck. The strike is the battery, and the threat is the assault. This is a simple way to break down the direct meaning of the terms.

What Does Aggravated Mean?

In Georgia, aggravated assault means an assault that occurred with the intent to also commit another crime. If you assault someone while attempting to murder, rape, or rob them, it becomes an aggravated charge. Aggravated charges also apply if a firearm or other deadly weapon is used in the commission of the crime.

A simple battery or assault can become aggravated based on the victim as well. If they are a member of a protected class, such as children, or disabled then a normal person accosting them can be an aggravating factor.

When comparing aggravated assault vs battery, it is important to understand the level of harm done. Aggravated battery in Georgia occurs when someone is maimed, loses the use of a limb, or becomes disfigured because of their injury. Aggravated battery can also mean a weapon has caused significant bodily harm.

Aggravated versions of many crimes exist. The aggravated label denotes that it is a more serious breach of the criminal code. Most of the time this is because of the involvement of the threat, harm, or psychological damage inflicted on another human being.

Aggravated Assault and Battery in Georgia

In the state of Georgia, the charges of aggravated assault and aggravated battery can come with a sentence of between 1 and 20 years. There are also large fines or restitution that come along as punishment. These crimes are serious, violent offenses.

If the aggravated charge comes with other extenuating circumstances, such as an attempt to rape an underage person, it is far worse. Then the maximum sentence can increase to 50 years. It is common in some jurisdictions that these charges come together, as aggravated assault and battery.

It is important to note that this charge can occur along with other charges. For instance, you could receive a charge of armed robbery for going into a gas station and holding the place up with a gun. If during that robbery you threaten the clerk with the weapon, it is also aggravated assault.

You could also receive charges for attempted murder or rape alongside an aggravated battery or assault charge. It all depends on the amount of physical harm inflicted on the person and whether they were threatened or placed in imminent harm before the commission of the other crime.

Why Do You Need an Attorney?

Having a defense attorney to help you with such a serious charge as aggravated assault and battery in Georgia is vital. Charges this severe will need a bond hearing as well as other procedures that attorneys can deal with. A normal person is not capable of defending themselves in a modern courtroom.

The best chance a defendant has at dealing with serious charges is with a competent Georgia attorney. One who knows the criminal defense laws of the state.

Don’t trust your fate to a public defender, let a professional defense attorney help you prove your innocence.

No one who is innocent should suffer the burden of a guilty verdict.

Serious Crimes and You

Don’t trust your fate to anything less than the best. Years of your life will depend on the choices that you make when it comes to a defense attorney. If you’re innocent, we want to help make sure that you don’t have to worry about spending years behind bars away from your family and friends.

No matter what serious crime you’re accused of, find an attorney that can help you. We serve the people of the Savannah area and have the experience and expertise to help you with your case.

If you’ve been charged with an aggravated assault and battery in Georgia, then contact us.

Jarrett Maillet J.D., P.C.

210 E 31st St

Savannah, GA 31401

(912) 713-3426