July 13, 2025 • Posted In White Collar Crime
Updated August 2026
In Georgia, you can be charged with simple assault if you attempt to harm someone or place them in reasonable apprehension of immediately receiving a violent injury. Comparatively, you can be charged with aggravated assault if you assault someone with the intent to murder, rape, or rob them; use a deadly weapon or an object likely to result in strangulation; or commit certain firearm-related acts.
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.
Simple assault refers to an attempt to commit a violent injury to someone else or an act that places another person in reasonable apprehension of immediately receiving a violent injury, according to Georgia Code § 16-5-20.
It is generally 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.
In some circumstances, simple assault may be charged as a misdemeanor of a high and aggravated nature. This can apply when the alleged victim is part of a protected group, such as a public-school employee, a pregnant woman, a public-safety officer, or, in certain circumstances, a utility worker performing job duties. A high and aggravated misdemeanor can carry a fine of up to $5,000, in addition to possible jail time.
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:
Aggravated assault is classified as a felony. If you are convicted of aggravated assault, you can face one to 20 years in prison. In addition, you may be subject to fines, probation, and other penalties.
However, certain aggravated assault convictions carry enhanced penalties. For instance, aggravated assault against a public-safety officer who is performing official duties can trigger mandatory-minimum prison terms, particularly when a firearm is discharged. Georgia law also imposes enhanced sentencing exposure for aggravated assault against a utility worker performing job duties.
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. The identity of the alleged victim and the circumstances of the incident may affect the level of the charge and potential sentence as well.
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 use a deadly weapon, use an object likely to cause serious bodily injury or strangulation, discharge a firearm in a manner prohibited by statute, or intend to commit a serious crime. The alleged victim’s injuries may be relevant evidence, but an aggravated assault charge does not necessarily require that the alleged victim suffered catastrophic injuries.
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.
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.
Your attorney can also evaluate the charging documents, witness statements, video evidence, alleged weapon, forensic evidence, and whether law enforcement followed required procedures. In some cases, your lawyer may be able to pursue a plea deal that allows you to avoid a lengthy prison sentence and other harsh penalties.
Bail may be more complicated in some aggravated assault cases. Under Georgia law, aggravated assault may be bailable only before a Superior Court judge when the accused has certain prior convictions, is on probation or parole, or is already on bail for specified serious offenses. Prompt legal representation can be critical when a Superior Court bond hearing is necessary.
