Assault Charge in Columbus, Georgia

 

Assault is the threat or attempt of causing bodily harm to another person. It is a separate charge from battery, which requires making physical contact with someone.

Examples of assault include:

  • Swinging to strike someone and missing
  • Threatening to hurt someone

Both the attempt and the threat must be done in such a way that a reasonable person would feel that they were in danger of being hurt. Note that you do not have to physically touch someone to be charged with assault. In fact, if you do make physical contact by pushing or punching someone, you could be charged with battery.

There are two types of assault under Georgia law: simple and aggravated.

Simple Assault vs. Aggravated Assault

Although both simple and aggravated assault do not involve any physical contact, they are very different charges. Simple assault is a misdemeanor. But aggravated assault is a felony that may occur under the following circumstances:

  • With the intent to commit a violent crime, such as robbery, murder or rape
  • With the use of a deadly weapon or object
  • With the discharge of a firearm from a vehicle

Penalties

A conviction for simple assault is punishable by:

  • A maximum jail sentence of one year
  • Maximum fine of $1,000
  • Probation
  • Possible restitution

Aggravated assault is punishable by:

  • One to 20 years in prison
  • Up to 20 years of probation
  • Possible restitution
  • Maximum fine of $10,000

If the aggravated assault involved firing a weapon out of a vehicle, the minimum prison sentence is elevated to three years.