Assault Charges in Georgia: What’s the Difference Between Simple and Aggravated Assault?
Assault charges can carry serious consequences in Georgia, but not all assault cases are treated equally under the law. Whether someone is charged with simple assault or aggravated assault can make a major difference in how the case is handled, and the potential penalties involved. At The Spizman Firm in Atlanta, we work with clients throughout Georgia who are facing assault-related charges, helping them understand what they’re up against and how to defend their rights.
What Is Simple Assault in Georgia?
Under Georgia law (O.C.G.A. § 16-5-20), simple assault is defined as either:
- Attempting to commit a violent injury to another person, or
- Committing an act that places another person in reasonable apprehension of receiving a violent injury.
Importantly, no physical contact has to occur for someone to be charged with simple assault. Merely threatening someone or acting in a way that makes them fear immediate harm may be enough to support a charge.
Simple assault is typically a misdemeanor, punishable by:
- Up to 12 months in jail
- A fine of up to $1,000
- Probation, community service, or anger management classes
However, the charge can be elevated to a high and aggravated misdemeanor if the alleged victim is a pregnant woman, an elderly person, a public school employee, or certain other protected individuals.
What Is Aggravated Assault in Georgia?
Aggravated assault (O.C.G.A. § 16-5-21) is a much more serious charge and is classified as a felony. It occurs when a person commits an assault under circumstances that make the threat or attempt more dangerous or violent. These include:
- Assault with the intent to murder, rape, or rob
- Assault with a deadly weapon or object capable of causing serious bodily injury
- Assault by discharging a firearm from within a vehicle
Because aggravated assault involves either more dangerous intent or the use of a weapon, it carries significantly harsher penalties, including:
- 1 to 20 years in prison (longer in certain circumstances)
- Fines and restitution
- Long-term consequences like loss of gun rights and employment barriers
If the victim is a police officer, domestic partner, or member of another protected class, sentencing may be enhanced even further.
Key Differences Between the Two Charges
The main differences between simple and aggravated assault are:
- Severity of the Threat or Action: Simple assault may involve only threats, while aggravated assault involves weapons or intent to commit another serious crime.
- Level of Charge: Simple assault is a misdemeanor; aggravated assault is a felony.
- Potential Penalties: Aggravated assault carries prison time and more severe consequences upon conviction.
Facing Assault Charges? Get Legal Help
Whether you are charged with simple or aggravated assault, it’s essential to take the accusation seriously. Our experienced Atlanta criminal defense attorneys can help assess the evidence, challenge the prosecution’s case, and work to reduce or dismiss charges when possible.
At The Spizman Firm, we represent individuals throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs, who are facing assault charges. Contact us today to schedule a consultation and protect your future.
