Assault and Battery

Practice Areas

Forsyth County Assault & Battery Attorney

Assault and Battery are two different crimes under Georgia criminal law.

There are two types of assault in Georgia: Simple Assault and Aggravated Assault. There are many types of Battery. All carry penalties if convicted. Aggravated Assault and Aggravated Battery are felonies, and a conviction would create a criminal record.

Practice Areas

Contact Info

Address:

Tanyard Oaks Office Park 327 Dahlonega Street Suite 1600 Cumming, Georgia 30040

Phone:

(770) 886-4646

Fax:

770-886-4647

Domestic violence or family violence

The term “family violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

Any felony; or commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

Family violence does not include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

Often times family violence charges carry restrictive bond conditions. For example, the accused may not be allowed to return home. These pretrial bond conditions can be burdensome, but we can petition the court to have them changed or removed.

If charged with domestic violence or family violence, or you need to amend your bond conditions, contact our office immediately at 770-886-4646.

Always remember

It would be best if you did not make any statements to law enforcement without your attorney present to guide you. Even if you think you can explain the circumstances to the “kindly” investigator, be aware your statements can be used against you. An arrest is not to be taken lightly; prosecutors will almost always seek a conviction whenever possible.

Assault

Simple Assault

The Official Code of Georgia Annotated or O.C.G.A. statute §16-5-20 defines simple assault as:

A person commits the offense of simple assault when they either:

– Attempts to commit a violent injury to the person of another; or
– Commits an act that places another in reasonable apprehension of immediately receiving a violent injury.

This type of crime does not involve threatening with a weapon or resulting in the victim having any life-threatening injuries. It is considered a misdemeanor which is a lesser offense than a felony. If charged with simple assault, you can face up to one year in jail and pay fines up to $1,000.

Aggravated Assault:

O.C.G.A statute §16-5-21 defines aggravated assault as:

A person commits the offense of aggravated assault when they assault:

– With intent to murder, to rape, or to rob;
– With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or does result in serious bodily injury;
– With any object, device, or instrument which, when used offensively against a person, is likely to or does result in strangulation; or
– A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

Also, Georgia law specifies certain types of assault as aggravated if such is an assault of someone 65 years or older or assault of a public safety officer while the officer is conducting their duties. It also specifies that a person who commits aggravated assault involving the use of a firearm upon a student or teacher, or other school personnel within a school safety zone (as defined in Code Section 16-11-127.1) shall be punished by imprisonment for not less than five nor more than 20 years.

Aggravated assault is a felony, with a penalty of at least one year in prison to up to no more than 20 years in prison.

Battery

Battery is a crime that is the actual act of making physical contact that causes substantial bodily harm or visible harm. Often times it involves domestic violence.

Simple Battery:

O.G.C.A. Code § 16-5-23 (2022) defines a simple battery as:

A person commits the offense of simple battery when they either:

– Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
– Intentionally causes physical harm to another.

It is a misdemeanor and is punishable with up to one year in jail and fines and often being required to pay restitution to the victim for any damages. It, too, may be charged as a domestic violence act.

Aggravated Battery

O.G.C.A. Code § 16-5-24 (2022) defines aggravated battery as maliciously causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.

This means that because of an attack on a victim, they are maimed, suffer the loss of the use of a limb (arm or leg), or become disfigured. This can include the attacker using a weapon that results in this type of significant bodily harm.

Aggravated battery is a felony, and that can result in up to 20 years in prison, significant fines, and restitution

Contact Vic Wiegand – An Experienced Cumming Criminal Defense Lawyer

If charged with either the crime of Assault or Battery, Family Violence or other related crimes, you will need a good criminal defense attorney.

Vic Wiegand, Attorney at Law, is a full-service criminal defense law practice with offices in Cumming, Georgia, 40 miles northeast of Atlanta. We handle all criminal charges, from simple Assault to the most serious and complex felony aggravated battery cases. We serve clients throughout Forsyth County and in nearby communities.

With nearly 25 years of experience practicing Criminal Defense Law, Attorney Wiegand is well known in the Forsyth County Court system and has often used his professional skills to negotiate charges to be dropped or for lesser penalties. He is a courtroom-tested trial lawyer with a proven record of achieving excellent results.

If you or a loved one has been arrested on criminal charges, contact our office immediately at 770-886-4646.

I consider trial by jury as the only anchor ever yet imaged by man, by which a government can be held to the principles of its constitution.

– Thomas Jefferson

Phone:

770-886-4646

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Our Law office is located a few blocks from the Forsyth County Courthouse. Contact Us today for more information.

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