Battery can be a misdemeanor or a felony – and in some instances – can lead to a prison sentence, even if the alleged victim was not physically harmed.

In Milton, if someone raises a fist at another person just to threaten them, they could face assault charges. It would not matter whether they hit the other person or even intended to hit them. This kind of assault generally occurs between spouses. Battery occurs when contact is made. These cases may happen in Milton but will be sent to Fulton County State Court.

An assault or battery conviction may create a criminal record. Even just facing assault or battery charges can lead to an upheaval. If you face assault or battery charges, it’s a serious matter – but a determined attorney could help defend you. Contact a Milton assault lawyer today.

What Counts as Assault in Milton?

A person can face assault charges if he or she “(1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury,” according to Georgia Statute § 16-5-20.

A person commits the offense of simple battery when he or she either: “(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another,” according to Georgia Statute § 16-5-23 (a) (b) (c). Furthermore, “[e]xcept as otherwise provided in subsections (c) through (i) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor. Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.”

That means assault does not require one person to injure another, or even physically make contact with another person. An assault charge could result from one person swinging a bottle at another person’s head and missing, or threatening someone by pointing a weapon at them. A battery charge or simple battery charge requires contact. If a person wishes to find out more about what counts as an assault in Milton, they should speak with a Milton assault lawyer today.

Punishments for Assault or Battery

Simple assault or battery in Georgia is a misdemeanor punishable by up to one year in prison and a fine of up to $1,000. An assault or battery can become a misdemeanor of a high and aggravated nature in some situations. High and aggravated misdemeanors are punishable by up to 1 year in jail and a fine of between $1,000 and $5,000, and are likely to result in a harsher sentence than a simple misdemeanor.

High and aggravated assaults occur when:

  • The assault takes place on public transportation or at a public transport station
  • The assault takes place within a domestic relationship (such as husband and wife, parents and children, members of the same household, etc.)
  • The alleged victim was 65 or older, a pregnant woman, or a public-school employee on school property engaging in job duties

Assault can rise to the level of a felony if the assault occurred while someone was attempting robbery, rape, or murder; if the assault was committed while using a weapon that could cause serious injury; or if someone discharged a firearm from a vehicle toward a person. Felony assault carries a punishment of one year to up to 20 years in prison. Contact a Milton assault lawyer to find out more.

Why Call a Milton Assault Attorney?

Assault or battery charges can be stressful due to the complexities in the law. A tough-minded Milton assault attorney may be able to help guide you.

A Milton assault lawyer could review your case and determine possible pathways forward. There may be a defense to the crime, such as self-defense. Dismissal may even be a possibility if there is a lack of evidence. An attorney may also negotiate a reduced plea or advise someone about eligibility for Georgia’s first offender program that allows for the eventual dismissal of charges. Call today to see how a lawyer can help your case.