Simple Assault & Battery: The Charges & Potential Penalties

As misdemeanors in Georgia:

Simple Assault Charges (16-5-20)
Usually filed after someone has allegedly threatened or attempted to cause physical harm to someone else. Typically, these threats have to inspire fear that the threat will be carried out or that some violence will occur. According to Georgia law, simple assault charges can also be filed when unborn children are the targets of attempted harm (except in cases of abortion or medical treatments). Upon conviction, the potential penalties for simple assault can include:

• Up to 1 year in jail
• Up to either $1,000 or $5,000 in fines (depending on whether the offense is elevated to an “aggravated misdemeanor,” which can occur if the victim was a pregnant woman or family member, for instance).

Simple battery charges (16-5-23)
Generally filed when there has been an actual, intentional act of physical harm taken against someone else. Punching, aggressive pushing and brawling can all serve as the basis for simple battery charges, depending on the specifics of the situation. Upon conviction, the potential penalties for simple battery can include:

• Up to 1 year in jail
• Up to $5,000 in fines.

Aggravated Assault & Battery: The Charges & Potential Penalties

As felony offenses in Georgia:

Aggravated assault charges (16-5-21)
Usually filed when a physical assault of someone has allegedly occurred and that assault involved an intent to rob, rape or murder; the use of a weapon intended to harm or kill the alleged victim; and/or shooting at the alleged victim(s) from a motor vehicle. Upon conviction, the potential penalties for aggravated assault can include:

• Up to 20 years in prison
• Up to $100,000 in fines
• Up to 20 years of probation
• Other court-ordered penalties.

Aggravated battery charges (16-5-24)
Can be filed when someone has allegedly caused malicious and intentional harm that resulted in serious bodily injury to another person. Upon conviction, the potential penalties for aggravated battery can be the same as those for aggravated assault.