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Difference Between Simple Assault and Aggravated Assault in Georgia

July 13, 2025 Posted In White Collar Crime

In Georgia, you can be charged with simple assault if you attempt to harm someone or threaten them. Comparatively, you can be charged with aggravated assault if you use a deadly weapon to attack, maim, or disfigure someone.

Getting charged with assault can feel like the end of the world, but legal help is available. An Atlanta aggravated assault defense lawyer prioritizes your case. They can look for ways to disprove the prosecution’s argument and show the court that you should not be convicted.

What Is Simple Assault?

Simple assault refers to an attempt to commit a violent injury to someone else or an act in which one person injures another, according to Georgia Code § 16-5-20. It is treated as a misdemeanor offense. If convicted, you could face a jail sentence of up to a year, a fine of up to $1,000, or both. Along with these, you may be subject to probation, community service, or anger management classes.

What Is Aggravated Assault?

Aggravated assault is defined in accordance with Georgia Code § 16-5-21. You can receive an aggravated assault charge if any of the following are true:

  • You assault someone with an intent to murder.
  • You use a deadly object, instrument, or device to assault someone.
  • The object, instrument, or device you use to assault someone results in strangulation.
  • You discharge a firearm within a car.
  • After you exit a car, you discharge a firearm toward a person or occupied motor vehicle or building.

Aggravated assault is classified as a felony. If you are convicted of aggravated assault, you face up to 20 years in prison. In addition, you may be subject to fines, probation, and other penalties.

Factors That Determine If Someone Is Charged with Simple or Aggravated Assault

How badly a victim was hurt, whether a weapon was used to injure this individual, and the perpetrator’s intent are three key factors that can dictate whether someone is charged with simple or aggravated assault. Depending on the circumstances of a case, an assault defense lawyer may negotiate a plea deal to have their client’s aggravated charge lowered to a simple one.

You may be charged with simple assault if a victim has incurred minor injuries, no weapon was used, or there were verbal threats of harm. For example, if someone claims you pushed or shoved them, you could be arrested for simple assault. Or, if an individual says you threatened to harm them, you may face a simple assault charge.

Alternatively, you may be charged with aggravated assault if you cause someone to suffer catastrophic injuries, use a weapon, or intend to commit a serious crime. Even if you are arrested for aggravated assault, a criminal defense lawyer may craft an argument that makes it tough for the court to convict you.

What to Do If You Are Charged with Simple or Aggravated Assault

Partner with an assault defense attorney who has helped past clients achieve outstanding case results. Your lawyer asks you questions and learns about your assault charge. They may argue that you were acting in self-defense or consider other legal strategies to dispute the prosecution’s case. You may be able to get a plea deal that allows you to avoid a lengthy prison sentence and other harsh penalties.