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Assault vs. Battery


Despite often being charged together, assault and battery are distinctly different charges with different meanings. Many people often confuse the two and don't realize they are not the same.

Assault means either threatening or attempting to harm a person, while battery is the act of making physical contact in an attempt to harm them. In Atlanta, both can be either a felony or a misdemeanor. Additionally, the charges have varying degrees, with the classification of either simple or aggravated.

Penalties for Assault and Battery

Penalties for a conviction can vary wildly based on several factors, including where, when, and to whom the crime was committed. The standard penalties for assault include:

  • Simple Assault (misdemeanor): up to one year in jail, up to $1000 fine, probation, and restitution to be paid to the victim
  • Simple Assault (high/aggravated misdemeanor): up to one year in jail, up to $5000 fine
  • Aggravated Assault (felony): minimum one year in prison, maximum 20, and additional fines and restitution to be paid

Battery has similar penalties associated:

  • Simple Battery (misdemeanor): up to one year in jail and up to $1000 in fines, probation, restitution to be paid to the victim
  • Simple Battery (high/aggravated misdemeanor): up to one year in jail and $5000 fine
  • Aggravated Battery (felony): minimum one year, maximum of 20 years in jail with additional fines and restitution

It's important to note that high/aggravated misdemeanors often involve victims in certain demographics such as over the age of 65, whether they were pregnant, have certain occupations (i.e., police officer), or a domestic dispute.

How a Criminal Defense Attorney Can Help

Nick Lotito & Seth Kirschenbaum have an established track record in Atlanta with over six decades of combined experience. Both attorneys are former prosecutors and have handled dozens of assault and battery cases. This gives them a valuable edge when it comes to achieving a positive outcome for their clients.

Felony and misdemeanor charges can be complicated. If you find yourself facing charges of assault or battery in Atlanta, hope is not lost. Schedule a free consultation by calling (404) 471-3177.

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