What to Know About Aggravated Assault and Battery Charges in Georgia

In Georgia, assault and battery are each considered to be their own distinct crime. The definition of assault is the warning or threat of committing violence, whereas battery is defined as the actual act of using violence against another person. Should you be found guilty of committing any kind of violent crime, you will be subject to severe punishments.

What is Aggravated Assault 

Aggravated assault is considered to be any action that is done with the goal of robbing, raping, or killing another person. Aggravated assault can also define any attack where a weapon is used that has the potential to inflict significant harm, this also applies to firearms fired from a vehicle toward a person. 

A person is guilty for the felony of aggravated battery if they intentionally cause another person to sustain substantial physical damage. This can include any physical impairments the guilty person causes the innocent person to suffer from that they previously did not. 

Aggravated Assault and Battery Penalties

In the state of Georgia, the following punishments are applicable to offenders who have been charged with aggravated assault or battery:

• The minimum sentences of imprisonment span anywhere from one year to twenty years (jail terms can run up to 50 years for intent to rape a child younger than 14).
• Restitution
• Fines up to one hundred thousand dollars

Upgraded Penalties for Assault and Battery 

Assault and battery charges may be upgraded when certain aggravating conditions are present. These situations include the following:

• In the event that the criminal activity takes place inside a public transport vehicle or station (punishable by 3-5 years in prison)
• Discharging a weapon while a vehicle is in motion is illegal (up to 5 years in prison)
• In the event that the criminal act is perpetrated against certain victims, such as an elderly person, a pregnant woman, or a member of law enforcement. For instance, if an individual commits an aggravated battery or assault against a public safety officer, such as a firefighter, correctional officer, or police officer, the offender may face a minimum jail term of 10 years, depending on the specifics of the case.
• There is a third-degree felony for aggravated assault. This means the judge may give you up to five years in jail (or five years of probation), and a maximum fine of $5,000. One of the possible outcomes of committing a third-degree felony, even if it is their first offense, is incarceration.

First Time Offender

Every year, thousands of new offenders get arrested in Georgia. However, getting arrested is only the beginning of the process. After an arrest, the guilty party will be transported to a local jail where legal procedures are then conducted. The good news is that if you are a first time offender, there are ways to prevent this one-time error from haunting you the rest of your life. 

Georgia law allows a first-time offender to be penalized through a process known as deferred adjudication. Deferred adjudication is a process an offender can go through in order to prevent a formal conviction from being placed on their record. To qualify for this, you cannot be convicted of a felony. There are certain cases where those who are not first time offenders can receive this treatment but they also can’t have a history with felonies.  

To begin the process of deferred adjudication, the defendant submits a guilty plea under the first offender legislation. Technically, they have not yet been convicted of the crime but they must admit fault for it. The defendant will then be sentenced, (most likely) to probation; however, jail or prison time may be included. 

If the defendant completes the sentence conditions, an order of release will be recorded without a finding of guilt. This effectively indicates that the case was dropped without a conviction.

The advantage of being a first offender is obvious: you avoid having a conviction on your record. However, the impact of being a first-time offender might be severe if you breach your probation.

What to Do if You Are Accused of Aggravated Assault and Battery

The “seven deadly sins” (also known as Georgia’s “severe violent offenses”), exclude offenders from receiving first offender treatment. Murder, armed robbery, rape, abduction, sexual battery, sodomy, and child molestation all fall under this category.

Last but not least, first-time offenders cannot be given special consideration for certain serious crimes that are perpetrated against law enforcement and result in damage to the officer(s).
In any criminal prosecution in Georgia, whether or not you qualify for the special first offender treatment, you need an experienced criminal defense attorney to advocate on your behalf and get the most favorable outcome. Jarrett Maillet, J.D., P.C., and his partners have been representing clients in criminal matters in Savannah and all down the coast of South Georgia. Contact us today for a consultation.

Jarrett Maillet J.D., P.C. 
210 E 31st St 
Savannah, GA 31401 
912-713-3426
https://www.mailletcriminallaw.com