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Definition of assault and battery in Georgia

On Behalf of | Jun 22, 2018 | Criminal Defense

Whether it is a family member, a close friend, an acquaintance or a stranger, being accused of committing a violent crime against another is a serious situation for residents in Georgia and elsewhere. Charges stemming from a supposed assault and battery can put the accused in hot water, as these charges can carry with them serious penalties.

According to Georgia law, statutes concerning assault also refer to battery as well. However, both crimes are broken down into two different degrees. There is simple and aggravated. With regards to simple assault, this occurs when the accused attempts to commit a violent injury on another person or puts that person in a situation where it is reasonable to believe that he or she will be injured in such a way. For this crime to occur no physical touching is necessary and words can be enough.

In contrast, aggravated assault is when someone has the intent to murder rape or rob another person with a deadly weapon or object which, when used, is likely to result in serious bodily injury. This offense also occurs when an individual shoots a firearm from a motor vehicle towards a person or group of people.

With regards to battery, simple battery is when a person intentionally makes physical contact of an insulting or provoking nature with another person or when a person intentionally causes another person physical harm. In contrast, aggravated battery occurs when there is an intentional and malicious infliction of a serious injury to a victim, such as loss of a limb, loss of the use of a limb or serious disfigurement.

By understanding the definition of these crimes, those accused of such a crime can understand what evidence is used against them to have these charges against them. Additionally, this information could help with poking hole in the case by challenging evidence, helping to reduce or drop the charges against them.

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