Simple Assault

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Forsyth County Simple Assault defense attorney

Simple assault in Georgia is the intentional act of causing apprehension of harm or attempted offensive contact to another person. It is considered a misdemeanor offense under Georgia law.

Simple assault does not require actual physical contact but focuses on the threat or attempt to cause harm.

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


(770) 886-4646



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.
Under Georgia law, a person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.
This type of crime does not involve using a weapon or result in the victim having any life-threatening injuries. It is considered a misdemeanor which is a lesser offense than a felony. if charged with smile assault, you can face up to one year in jail and pay fines up to $1,000.

Examples of Simple Assault

Simple Assault can be, for example, where a person attempts to strike another individual but misses. It can also be if, during a heated argument, a person threatens to punch someone and even raises their fist as if they are going to do it.

Any case where someone threatens another person with physical violence can be Simple Assault, or it could be a Terroristic Threat; it depends. Although they may not carry it out, because a real threat has been uttered, making another person reasonably fear that it will be carried out and they might be physically hurt, a Simple Assault may have occurred.

Forcefully grabbing someone’s arm or shoulder to intimidate them is different and could be considered Simple Battery if the touching is insulting or provoking. Imagine an angry restaurant diner grabbing a passing waiter to make them stop and listen to their complaint. The waiter could feel insulted or provoked.

A grab could also come from a drunk bar patron who thinks they’re being flirty when touching a waitress inappropriately. Though the pinch is not likely to cause physical harm, the act could be insulting or provoking, and the waitress could make a complaint.

An example of Simple Assault could be a situation where an individual throws a cell phone at another person with the intent to cause harm. Even if the object misses the target, if a person is placed in reasonable apprehension or fear, then a Simple Assault may have occurred.

Penalties for Simple Assault

Penalties for Simple Assault in Georgia may include fines, probation, and imprisonment, depending on the severity of the offense and any prior criminal history. The specific consequences will vary based on each case’s circumstances and the court’s discretion.

If charged with Simple Assault, you can face up to one year in jail and pay fines up to $1,000. You may also be given one year of probation and be required to pay restitution. Restitution is a court order that the defendant must pay the victim for damages.

A Simple Assault is considered a misdemeanor and punishable as described except for if:
– the simple assault occurs on a public transit vehicle (public transit vehicle means a bus, van, or rail car within a system that receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state).
– the simple assault is committed 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 excluding siblings living or formerly living in the same household.
– the simple assault is against an employee of a public school system of this state while such an employee is engaged in official duties or on school property.
– the simple assault is against a pregnant female at the time of the offense.

In these instances, the perpetrator will be punished for a misdemeanor of a high and aggravated nature which means their penalty will be the most severe as determined by the court.

If Charged with Assault, Contact Vic Wiegand, a Leading Cumming, GA, Assault Defense Lawyer

Vic Wiegand handles all criminal charges, from simple assault to the most serious and complex felony assault cases. He will use his experience and courtroom skills in Criminal Defense Law to protect your rights and defend you rigorously against all charges.

Attorney Wiegand is well known in the Forsyth County Court system and often uses his professional skills to negotiate charges to be dropped or for lesser penalties. If you or a loved one has been arrested for assault or other criminal charges, contact our office immediately.

Our goal is to get you the best possible outcome and avoid a conviction. Call the Law Office of Vic Wiegand, Esq. today at 770-886-4646 and let us help.

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



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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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