In Georgia and every other State, domestic violence has been a "hot" issue. It has become a very political crime. Years ago, a police officer would inform the spouses to "cool it" and deal with their problems. However, as a society, we have less tolerance for any form of battery in the household. Therefore, the penalties can be severe and the state will probably press charges even if one spouse drops the charges against the other.
Assault Simple Assault - O.C.G.A. 16-5-20
There are two types of simple assault.
Attempted battery (or attempt to commit violent injury) requires the state to prove that the defendant intended to commit a violent injury. Additionally, the State must show that the defendant's actions were a "substantial step" toward the commission of a battery. Whether or not the act is a substantial step is a question of fact.
The second type of simple assault occurs when one person places another in reasonable apprehension of immediate bodily injury. A mere threat of harm is not enough to prove assault. The Defendant must be able to carry out the threat. For example, a midget probably could not place Mike Tyson in fear of imminent bodily harm. The victim must reasonably believe that he is in danger of receiving immediate bodily injury.
The maximum penalty is generally 12 months in jail and $1000 fine.
Aggravated Assault - O.C.G.A. 16-5-21
Aggravated assault is a felony that can be committed one of three ways as an assault takes place : first, if the State can show the intent to murder, rape or rob; second if a deadly weapon is used (includes any instrument which, when used against a person is likely to or actually does result in serious bodily injury); or third by firing a gun from a car toward people.
Punishment - Felony: 1 to 20 years in prison unless:
The aggravated assault is committed on a peace officer while the peace officer is engaged in official duties. Then the range of punishment is 5 to 20 years in prison.
The aggravated assault is committed on a person over 65. Then the range of punishment is 3 to 20 years in prison. The aggravated assault is committed on a corrections officer while the corrections officer is engaged in official duties. Then the range of punishment is 5 to 20 years in prison. The aggravated assault is committed in a public transit vehicle or station. Then the range of punishment is 3 to 20 years in prison. The aggravated assault involves use of a firearm upon a student or teacher within a school safety zone. Then the range of punishment is 5 to 20 years in prison. If the aggravated assault involves discharge of a firearm from within a motor vehicle toward a person or people, the punishment shall be 5 to 20 years in prison.
Battery
There are three degrees of battery: Simple Battery, Battery and Aggravated Battery.
Simple Battery - O.C.G.A. 16-5-23
Occurs when the defendant intentionally makes physical contact of an insulting or provoking nature or intentionally causes physical harm. This is the most common of the crimes charged in family violence battery. I have seen this crime charged when one spouse threw a phone at the other spouse and it grazed her wrist. EVEN IF ONE SPOUSE WISHES TO DROP THE CHARGES AGAINST THE OTHER, MOST PROSECUTORS WILL NOT DO IT. A lawyer is going to be needed in these types of cases. I have handled numerous cases where I was able to have the charges dismissed in exchange for one spouse to undergo counseling. A court will take these charges very seriously.
Maximum penalty is 12 months in jail and a $1000 fine
Battery - O.C.G.A. 16-5-23.1
Occurs when one intentionally causes substantial physical harm or intentionally causes visible bodily harm to another. The State needs to show some proof that an injury even a relatively minor one took place. The penalty is a misdemeanor unless:
Second conviction for battery against the same victim. In such cases, the offense is a high and aggravated misdemeanor with 10 days to 12 months in prison, or $1,000.00 fine, or both.
Third conviction for battery against the same victim is a felony. This carries punishment of 1 to 5 years in prison.
Aggravated Battery - O.C.G.A. 16-5-24
Aggravated battery is a felony that occurs when a person maliciously (intentionally) does one of three things to another person: (1) causes bodily harm by depriving victim of the use of his/her body; (2) renders a part of the victim's body useless; or (3) seriously disfigures the victim. Penalty is 1 to 20 years in prison unless :
Aggravated battery is knowingly committed upon a peace officer engaged in official duties, in which case the punishment is 10 to 20 years.
Aggravated battery is committed against a person over 65, in which case the punishment is 5 to 20 years in prison. Aggravated battery is knowingly committed on a correctional officer engaged in official duties. These offenses carry 10 to 20 years.
Aggravated battery committed in a public transit vehicle or station. A jail term of 5 to 20 years is required. Aggravated battery committed upon a student or teacher in a school safety zone. Such cases require a jail sentence of 5 to 20 years.
