Imagine that in a sudden moment of rage or weakness you seriously injure someone. Maybe you got into a bar brawl and threatened to kill someone before beating them within an inch of their life. Perhaps someone is trying to get you in trouble so they are playing the part of a victim.
Regardless of how you go to this point, you are now facing an assault and battery charge. You may get off on a misdemeanor charge where you pay a fine and move on with your life or you may be facing life in prison.
What you do next will determine the course of the rest of your life. Speaking with a criminal defense attorney will help you to create a defense for your case. Click here to see more and continue reading to learn everything that you need to know about assault and battery charges and how to avoid them.
What Is Assault and Battery?
Assault and battery charges involve two very serious crimes in Georgia that should be prosecuted to the fullest extent of the law. However, they have two very different definitions.
If you are facing charges, you must speak with a criminal defense attorney as soon as possible. They will be able to sift through the red tape and figure out what charges you are facing. Then, they will be able to help you build a defense against the case to get your life back on track.
Simple assault refers to a verbal threat of bodily harm with the intent and ability to carry out the act. This can also refer to unwanted physical contact with a reluctant individual. Physical contact doesn’t necessarily have to happen to be considered assault.
Assault can be something as simple as the following:
- Spitting on someone
- Throwing an object at someone
- Threatening to hurt someone
Aggravated assault refers to the perpetrator’s intent to cause severe bodily harm to the victim. This can be from assault with a deadly weapon or committing a serious crime, such as rape or attempted murder.
Simple battery is the act of intentional or harmful contact with the victim. This contact must occur to be considered a battery. Visible harm, as a result of battery, includes black eyes, swollen lips, and bruising.
Battery charges become aggravated when there is a deadly weapon or serious crime involved in the malicious act. It generally involves a serious injury such as disfigurement or loss of a limb.
Aggravated assault and battery charges include the threat of violence and the resulting act of violence. Most cases of battery involve assault. However, not all assault charges include battery.
Consequences for Assault and Battery
Assault and battery charges can be either misdemeanors or felonies. The type of charges that you end up facing depends on the:
- The severity of the injury
- The surrounding circumstances
- The perpetrator’s criminal history
If the perp has a history of assault and battery, their punishment may be harsher than if they had never been in trouble before. Punishment may also be worsened if the perpetrator used a deadly weapon. It may also change if the perpetrator harmed someone from a protected class:
- Children
- Women
- Elderly people
- Disabled individuals
- Law enforcement officials
Simple assault and battery charges are considered misdemeanors. For assault, a misdemeanor penalty is up to a year in prison. Misdemeanor penalties for battery charges include:
- Class C misdemeanor ($500 fine)
- Class B misdemeanor ($2,000 fine and up to 180 days in jail)
- Class A misdemeanor ($4,000 fine and up to one year in jail)
In most cases, aggravated assault and battery are considered to be felonies. For assault, a felony charge can land you up to ten years in prison.
A third-degree felony charge consists of a $10,000 fine and up to ten years in jail. A second-degree felony charge can cost you $10,000 in fines and anywhere from two to twenty years in prison. The consequence for a first-degree felony battery charge includes copious fines and anywhere from five years to life in prison.
It’s important to consider these consequences before making a mistake that can ruin your life.
Avoiding Charges of Assault and Battery
There are a few defenses that may help you to avoid an assault or a battery charge. It’s possible that the alleged charges were merely self-defense. You may have been defending yourself or combatting a threat.
In some cases, an assault and battery charge is the result of false accusations from another party. It’s even possible that the victim is actually the attacker who is now trying to avoid getting charges for attacking you in the first place.
If you can prove that you are not responsible for the assault and battery, you can have your charges dropped and your record cleared. The best way to do this is to hire a criminal defense attorney to help you build your defense.
Facing an Assault and Battery Charge?
If you are facing charges of assault and battery, you should avoid taking any chances that can jeopardize your future. Hiring a criminal defense attorney and having them in your corner every step of the way is one of the best things you can do when facing an assault and battery charge.
Your criminal defense attorney is going to be an expert in helping you to build your defense. We are standing by to educate you on your options going forward. In fact, we can help you figure out which path makes the most sense for you to take when you are facing criminal charges.