Assault and battery is a combination of two different crimes: assault, which is a threat of violence or attempted violence; and battery, which is the actual act of physical violence and contact. Some jurisdictions make distinctions between the two and classify them as separate offenses. However, in many cases, assault and battery is filed as one charge against the defendant, especially where the threat of violence is immediately followed by an act of violence. If you are charged or accused of this type of crime, it is important you contact an experienced Savannah, GA assault and battery lawyer ASAP.
Aggravated assault and battery may be found when certain “aggravating factors” are present during the commission of the act. While criminal laws may vary by jurisdiction, aggravating factors may include the use of a deadly weapon during the commission of the assault and battery. Another common aggravating factor has to do with the characteristics of the victim(s), such as whether they are a child, woman, or police officer.
Both assault and battery are criminal offenses tried as a misdemeanor or felony based on the seriousness of damage caused. Assault cases rarely stand alone in court of law since threats are difficult to prove. Physical injury can be easily established and hence battery can be proved. Battery essentially involves assault but an assault does not necessarily involve battery. The penalties rendered vary according to laws of jurisdiction but both assault and battery are regulated by statutes.
Various defenses exist to a charge of assault and battery, but the available defenses depend on the specific facts of the case. Contact Jarrett Maillet J.D., P.C. today for a free consultation and to discuss the specific details of your case at length to determine what defenses you may be able to raise in your case. Our Savannah criminal defense attorneys have considerable experience representing clients charged with aggravated assault and battery throughout the state of Georgia.
Aggravated assault, a felony in Georgia, is an assault that is committed:
Aggravated battery is a felony in Georgia, and occurs if the offender intentionally inflicts a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement.
Serious injury is a harm more severe than minor or slight harm, and could include broken bones, a coma, or wounds that require extensive suturing, hospitalization, or surgery.Serious disfigurement refers to a physical alteration of the body, such as a visible scar on someone’s face or other body part; or a broken bone that alters one’s physical appearance – a broken nose or a finger that is no longer straight.
(Ga. Code Ann. § 16-5-24)
A person convicted of an aggravated assault or aggravated battery faces the following penalties:
If an offender is guilty of committing an aggravated assault or battery on public transit property or in a public transit vehicle, or against certain victims named in the statute (such as a family member or intimate partner, a person 65 years or older, a law enforcement officer, or a corrections officer), the court must impose a minimum sentence of three, five, or ten years in prison, depending on the victim.
As former prosecutor-turned-criminal defense attorney, Jarrett Maillet know both sides of the coin. We know how the prosecution will build its case and use proven defense strategies that break its case apart. Contact our office today at 912-713-3426 for a free consultation.