The Difference Between Assault and Aggravated Assault in Georgia

Georgia Criminal Law is complicated to say the least. The Georgia Code outlines different crimes as well as different levels of those crimes. There are certain crimes that have heightened versions. Examples include battery in Georgia and aggravated battery in Georgia as well as stalking in Georgia and aggravated stalking in Georgia. 

In today's post, as a Georgia Criminal Defense Lawyer, I will highlight the difference between assault and aggravated assault in our state. 

Assault in Georgia

The Georgia Code defines assault in Georgia as:

A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. O.C.G.A. §16-5-20.

In order to be convicted of the criminal offense of assault in Georgia, the prosecution must demonstrate that the accused person is guilty beyond a reasonable doubt. This includes a demonstration of violence and an apparent ability to inflict an injury immediately. The alleged victim must fear that he or she will receive an immediate violent injury. A reasonable person would have to be put in apprehension of a harmful or offensive act.

If convicted of assault in Georgia, a person will be guilty of a misdemeanor. The penalty can include up to 12 months in jail, up to $1,000 in fines, or both.

Aggravated Assault in Georgia

The Georgia Code defines aggravated assault in Georgia as:

A person commits the offense of aggravated assault when he or she assaults 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 actually does result in serious bodily injury; with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. O.C.G.A. §16-5-21.

In order to be convicted of the criminal offense of aggravated assault in Georgia, the prosecution must demonstrate that the accused person is guilty beyond a reasonable doubt. This includes the same demonstration as assault including proving beyond a reasonable doubt that the accused intended to murder, rape or rob the alleged victim or assaulted the alleged victim with a deadly weapon.

If convicted of aggravated assault in Georgia, a person will be guilty of a felony. The penalty can include one to twenty years in prison.

Practice Note

As I typically write about Georgia Criminal Defenses in my posts, I think it is best to bring up a few of them that can be used against a wrongful accusation of assault or aggravated assault. These include but are not limited to:

• Lack of intent
• Self Defense in Georgia
• Defense of Others
• Consent of the Alleged Victim

If you or a loved one has been charged with a crime in Georgia, contact us today. A Georgia Criminal Defense Attorney will walk you through your options and decide which defenses apply to your case.