Georgia Assault and Battery Laws

Simple Assault: O.C.G.A. §16-5-20

Aggravated Assault: O.C.G.A §16-5-21

Simple Battery: O.C.G.A §16-5-23

Aggravated Battery: O.C.G.A §16-5-24

Simple Assault: Attempting to commit a violent injury on someone else or putting them in a situation where it’s reasonable they can be injured in such a manner. No actual physical touching is necessary to violate the law. Words can be enough. For example, threatening to break someone's neck, if done in a menacing manner, can be considered simple assault.

Aggravated Assault: Assaulting someone:
(1) With intent to murder, to rape, or to rob;
(2) 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; or
(3) Shooting a firearm from within a
motor vehicle toward a person or persons.

Simple Battery:
(1) Intentionally making physical contact of an insulting or provoking nature with the person of
another; or
(2) Intentionally causing physical harm to another person.

Aggravated Battery: Intentionally and maliciously inflicting a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement.

Any kind of physical alteration to another person's body, such as a visible scar on someone’s face or other body part; or a broken bone that alters one’s physical appearance

Simple Assault: Misdemeanor: Up to 1 year in jail, fines reaching $1,000, probation, and restitution. Can be elevated to a "high" and "aggravated" misdemeanor with enhanced penalties (up to 1 year in jail and $5,000 fines) if the assault committed involved a firearm, public transportation, a pregnant woman, a public school employee, a senior citizen, or if it was a domestic assault (committed against a family member).

Aggravated Assault: Felony: One to twenty years in prison, fines, restitution.

Simple Battery: Misdemeanor: Up to 1 year in jail, fines up to $1,000, probation, and restitution. Can be elevated to a misdemeanor of high and aggravated nature if it’s determined the victim was pregnant, over 65, a police officer, a caregiver, school employee, or if the crime is domestic. This misdemeanor is also punishable by up to one year but carries potential fines up to $5,000.

Aggravated Battery: Felony: one to twenty years in prison minimum, fines, restitution.

Georgia District Attorney's Offices