Assault and Battery is a term commonly used together in the same phrase, but they are two separate offenses under Georgia law.
ASSAULT – (O.C.G.A. 16-5-20)
The CRIME:
A person commits the crime of simple assault when that person:
1) attempts to commit a violent injury on another person
OR
2) commits an act that place another person in reasonable apprehension of immediately receiving a violent injury.
The PUNISHMENT:
A person who is convicted of Assault shall be punished with no more than 12 months of incarceration as a misdemeanor.
A person who commits the offense of Assault in a public transit vehicle or station shall be guilty of a high and aggravated misdemeanor.
A person who commits the offense of Assault against a family member or someone co-habitating with the offender shall be guilty of a high and aggravated misdemeanor unless the offense is considered to be corporal punishment administered from a parent to a child.
A person who commits the offense of Assault against a person who is 65 years of age or older shall be guilty of a high and aggravated misdemeanor.
A person who commits the offense of Assault against a school official performing their official duties shall be guilty of a high and aggravated misdemeanor.
This statute is inapplicable to persons who are authorized by law to perform abortions, or any other medical treatment consented to by the mother for the treatment of an unborn child.
The PROBLEM:
The state regularly overcharges individuals with crimes they cannot be convicted of because the individual did not perform the acts defined in the criminal statute in an effort to intimidate the individual into a guilty plea.
The SOLUTION:
You need to have an experienced and fearless lawyer who will defend your rights and ensure that you are not convicted of a crime that you did not commit. You also need to have a lawyer that will not buy into the false overcharging of individuals in order to give the appearance of a “good deal” when a lesser charge is offered.
You need to hire ROY YUNKER LAW.
BATTERY- (O.C.G.A. 16-5-23)
The CRIME:
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A person commits the crime of simple battery when that person:
1) Intentionally makes physical contact of an insulting or provoking nature with the person of another;
OR
2) Intentionally causes physical harm to another.
The PUNISHMENT:
A person who is convicted of Battery shall be punished with no more than 12 months of incarceration as a misdemeanor.
A person who commits the offense of Battery against a person who is 65 years of age or older shall be guilty of a high and aggravated misdemeanor.
A person who commits the offense of Battery on a a public transit vehicle or station shall be guilty of a high and aggravated misdemeanor.
A person who commits the offense of Battery against a peace officer shall be guilty of a high and aggravated misdemeanor.
A person who commits the offense of Battery against a family member or someone co-habitating with the offender shall be guilty of a high and aggravated misdemeanor unless the offense is considered to be corporal punishment administered from a parent to a child.
A person who works or volunteers at a long term care facility, and commits the offense of Battery against a person receiving care from the facility shall be guilty of a high and aggravated misdemeanor.
A person who commits the offense of Battery against a sports official that is officiating an amateur sporting event shall be guilty of a high and aggravated misdemeanor.
A person who commits the offense of Battery against a school official performing their official duties shall be guilty of a high and aggravated misdemeanor.
The PROBLEM:
The state regularly overcharges individuals with crimes they cannot be convicted of because the individual did not perform the acts defined in the criminal statute in an effort to intimidate the individual into a guilty plea.
The SOLUTION:
You need to have an experienced and fearless lawyer who will defend your rights and ensure that you are not convicted of a crime that you did not commit. You also need to have a lawyer that will not buy into the false overcharging of individuals in order to give the appearance of a “good deal” when a lesser charge is offered.
You need to hire ROY YUNKER LAW.