Assault Attorney in Savannah, GA

Georgia Assault Charges: What the Law Actually Says

Georgia law draws clear lines between assault offenses, and the distinction between them determines whether you’re facing a misdemeanor or years in state prison.

Simple Assault, Battery, & Their Penalties

Simple Assault & Battery
Under O.C.G.A. 16-5-20, simple assault is either an attempt to commit a violent injury to another person or an act that places someone in reasonable apprehension of immediately receiving violent injury. No physical contact is required. It’s a misdemeanor, carrying up to 12 months in jail and fines up to $1,000. Simple battery under O.C.G.A. 16-5-23 adds physical contact: intentionally making contact in an insulting or provoking manner, or intentionally causing physical harm to another person.

Aggravated Charges & Felony Exposure

Aggravated Assault & Aggravated Battery
Aggravated assault under O.C.G.A. 16-5-21 is a felony. It applies when an assault is committed with intent to murder, rob, or rape; with a deadly weapon or any object likely to cause serious bodily injury or strangulation; or by discharging a firearm from a vehicle. A deadly weapon isn’t limited to firearms or knives. Prosecutors have argued that a bottle, a bat, or even hands and feet qualify when used in a manner likely to cause serious injury. Conviction carries one to twenty years in prison. Aggravated battery under O.C.G.A. 16-5-24 applies when the offender intentionally causes serious bodily injury, such as loss of a limb, loss of use of a limb, or serious disfigurement.

Mandatory Minimums & Parole Restrictions

Mandatory Minimums & Parole Restrictions
When aggravated assault or battery is committed against certain victims, including family members, intimate partners, law enforcement officers, or persons 65 or older, mandatory minimum sentences ranging from three to ten years apply depending on the specific circumstances. Georgia law also imposes strict parole restrictions on aggravated assault convictions in certain circumstances, requiring offenders to serve a substantial portion of their sentence before becoming eligible for parole consideration.

Consequences That Outlast the Sentence

A conviction doesn’t end when the sentence does. The effects reach into nearly every area of life going forward.

• Employment: A felony assault conviction creates a permanent criminal record that appears on background checks and follows you into every job application.
• Firearm rights: Under state and federal law, a felony conviction typically results in the loss of the right to possess firearms.
• Professional licensing: Teachers, healthcare workers, attorneys, and other licensed professionals face potential license consequences following a felony conviction.
• Immigration status: For non-citizens, a felony conviction can affect immigration status and may lead to deportation.
• Child custody: In family court, an assault conviction carries weight in child custody proceedings.

Georgia does allow record restriction (expungement) in certain circumstances, including dismissed cases, acquittals, and qualifying diversion programs, but eligibility depends on the specific charge and outcome.

Defenses to Assault Charges in Georgia

The facts of each case determine which defenses apply. Several are commonly raised in Chatham County assault cases.

Self-Defense & Stand Your Ground
Georgia’s Stand Your Ground law eliminates any duty to retreat before using force, provided the person is somewhere they have a lawful right to be, didn’t initiate the confrontation, and used force proportionate to the threat. Defense of others applies when the accused was protecting another person from imminent harm using reasonable force.

Challenging the Evidence
Mistaken identity is a recognized defense when eyewitness identification is unreliable or disputed. We scrutinize police reports, witness statements, body camera footage, and whether law enforcement followed proper procedure during the arrest and investigation. A procedural violation can render key evidence inadmissible.

Victim Non-Cooperation
A common misconception is that an alleged victim can simply “drop the charges.” In Georgia, the decision to prosecute rests with the District Attorney’s Office or Solicitor General, not the complaining party. A victim who chooses not to cooperate can weaken the prosecution’s case, but charges don’t automatically disappear. That reality is part of what we account for when building your defense.