The Difference Between Assault and Battery
In Cobb County, like all other areas of Georgia, assault and battery are two separate crimes, despite many using the terms synonymously or in conjunction with one another, as in “assault and battery.” Either crime can be classified as a misdemeanor or a felony, depending on the circumstances surrounding the incident.
Simple assault is described under O.C.G.A. §16-5-20. It is the attempt to commit a violent injury upon another person or placing a person in a situation where a there is a reasonable chance for harm. There is no need to actually touch another person to be charged with simple assault.
Aggravated assault, O.C.G.A §16-5-21, is a felony under Georgia law. To be charged with aggravated assault, a person must have the intent to rob, rape or murder another person with an object that is likely to commit serious injury. A person who shoots a weapon from inside of a vehicle toward someone else may also be charged with aggravated assault.
Like simple assault, simple battery under O.C.G.A §16-5-23 is a misdemeanor. Simple battery is the act of purposely making physical contact with another person in an insulting or provoking nature, or intentionally causing physical harm to someone else.
Listed under code O.C.G.A §16-5-24, aggravated battery has all of the component of simple battery. In addition, there must have been a serious injury and an intent to cause that injury. For example, battery that causes serious disfigurement would be charged under aggravated battery.
If you are convicted of simple assault or simple battery, you face up to one year in jail, fines of no more than $1,000, probation and restitution. People convicted of aggravated assault or aggravated battery face up to 20 years in prison, fines and restitution.
People who have been charged with any of these crimes face serious consequences that can be long-lasting. If you have been arrested for assault or battery in Cobb County, reach out to Hawkins Spizman Fortas. A member of our team will review the details of your arrest at no cost to you and advise you of your options.