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Atlanta Criminal Defense Lawyers > Blog > Assault > Does Age Matter With Simple Assault Charges In Georgia?

Does Age Matter With Simple Assault Charges In Georgia?


In Georgia, a person can be charged with either simple assault or aggravated assault depending on what happened during a violent incident. If simple assault is the charge, this is typically a misdemeanor, although in some situations there can be what is known as aggravating factors. Aggravating factors are additional actions or details about one’s actions that make the crime that was committed even viler. As a result, when aggravating factors are included in criminal charges, the penalties tend to be harsher than they would be without.

The penalties for simple assault in Georgia can range from many months to a year in jail with as high as $5,000 in fines. It is critical that if you were arrested for assault in Georgia that you have the most proficient and skilled legal representation protecting your rights and interests. The Georgia assault attorneys at Hawkins Spizman Trial Lawyers can provide you with the trusted, and tactical legal guidance and counsel you need to get through your criminal charges and move on with your life.

How Does Age Impact Simple Assault Charges?

It may seem like age should not be a factor when a crime is committed. However, in the case of assault, Georgia laws make age a high and aggravating factor. This means that if you were arrested for assault and the alleged victim was of a particular age, the penalties you may face could be heightened and more severe.

Simple assault in general is described by Georgia criminal code as an attempt to engage in violence with the intention of harming another person or doing something that reasonably puts another person in harm’s way. Essentially, when an action by one party either intentionally harms another or makes another believe that they will be harmed, simple assault charges can apply. For example, if you pull a knife out on another person even if you do not stab them when they believe that you are going to stab them this would be simple assault.

Instances, where simple assault is elevated to a high and aggravated misdemeanor, would include:

  • Simple assault that takes place on public transit in a vehicle or station.
  • Simple assault occurs between family members including current and former spouses, stepchildren, stepparents, foster children, and foster parents.
  • Simple assault against a pregnant female.
  • Simple assault against a public school teacher while on school grounds and/or while they are working.
  • Simple assault against an individual aged 65 or older.

Simple assault against an elderly person aged 65 and beyond will make punishments much harsher than against an individual under this age. Age is a factor when it comes to penalties associated with simple assault in Georgia. Simple assault alone with no aggravating factors can come with the following penalties:

  • Up to 1 year in jail
  • Up to a $1,000 fine

Simple assault that is against an individual that is aged 65 and older increases the penalties to:

  • Up to one year in jail
  • Up to a $5,000 fine

Speak to a Georgia Criminal Defense Attorney Today

The financial implications of a conviction of simple assault on a person aged 65 and older are significant. For help fighting your criminal charges, call on the Georgia criminal defense attorneys at Hawkins Spizman, at 770-685-6400 to schedule a free case evaluation.

Our law firm represents Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.



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