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

In our last post, we began discussing how television and movies have led many people to use the terms "assault" and "battery" interchangeably when in reality they are two very different crimes in the eyes of the law.  

To that end, we started discussing how the law in Georgia actually divides assault and battery into four separate crimes, and took a closer look at two of these offenses: simple assault and simple battery. 

In today's post, we'll continue this discussion, taking a closer look at both aggravated assault and aggravated battery.

What is aggravated assault?

As we discussed last time, assault usually involves those situations where a person either attempts to cause another person physical harm or threatens them to such a degree that they could reasonably believe that physical harm was imminent.

Aggravated assault then, charged as a felony, is an assault committed with the following:

  • The intent to rob, rape or murder
  • A deadly weapon/object that when used against another person can or does result in strangulation or serious bodily injury
  • A firearm discharged from a motor vehicle toward a person or group of people

What are some examples of aggravated assault?

A textbook example of aggravated assault would be someone pointing a gun at another person to commit a robbery or a drive-by shooting.

What is aggravated battery?

State law dictates that aggravated battery, also charged as a felony, occurs when a person maliciously and intentionally inflicts serious bodily harm upon a victim resulting in any of the following:

  • Loss of the use of a limb/member of their body
  • Actual loss of a limb/member of their body
  • Serious disfigurement of a limb/member of their body    

What are some examples of aggravated battery?

Many actions could potentially be classified under the heading aggravated battery. In general, it may be helpful to envision physical attacks in which a victim suffers broken bones, lacerations requiring major suturing or permanent scarring.

We will continue our examination of this topic in future posts, including the possible criminal penalties for any of these four crimes.

If are facing assault or battery charges, please consider speaking with a legal professional as soon as possible as your freedom and your future may be on the line.

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