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Do you understand the difference between assault and battery? - III

Over the last several weeks, our blog has been spent some time exploring the crimes of assault and battery in the hopes of providing some basic background information and, perhaps more significantly, helping clarify once and for all how these are very distinct crimes.

In keeping with this trend, our concluding post on this subject will be dedicated to exploring the differing criminal penalties associated with convictions for simple assault, simple battery, aggravated assault and aggravated battery here in Georgia. 

What are the penalties associated with simple assault?

A conviction on simple assault charges, a misdemeanor, can result in up to a year in jail, fines of up to $1,000, probation and restitution to the victim(s). However, if the assault in question was committed against a senior citizen, family member, pregnant woman, public school employee, public transportation employee, the person can be convicted of an assault of a high and aggravated nature, meaning up to a year in jail, fines of up to $5,000, probation and restitution.

What are the penalties associated with simple battery?

The punishment for a conviction on simple battery charges, a misdemeanor, is the same as that meted out for a conviction on simple assault charges. Furthermore, if the assault in question was committed against a senior citizen, family member, public school employee, sports official, or law enforcement official, the person can be convicted of a battery of a high and aggravated nature.

What are the penalties associated with aggravated assault?

A conviction on aggravated assault charges, a felony, can result in anywhere from one to 20 years in prison, up to $100,000 in fines and restitution to the victim(s). However, if the assault in question was committed against a designated individual, higher mandatory minimums apply.

For instance, a conviction on aggravated assault charges against a senior mandates at least three years in prison, while a conviction on aggravated assault charges against a law enforcement official mandates at least five years in prison.

What are the penalties associated with aggravated battery?

The punishment for a conviction on aggravated battery charges, a felony, is the same as that meted out for a conviction on aggravated assault charges. Furthermore, if the battery in question was committed against a designated individual, similar higher mandatory minimums apply.

For instance, a conviction on aggravated battery charges against a senior mandates at least five years in prison, while a conviction on aggravated assault charges against a law enforcement official mandates at least ten years in prison.

Here's hoping this discussion has proven helpful. As always, please consider speaking with a legal professional as soon as possible if you are facing assault or battery charges.

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