In Georgia, the simple assault code represents the most basic category of an assault charge. In this state, the charge of simple assault involves an attempt to use violence against another, making threats of violence where the other person fears they will be harmed. A simple assault is a misdemeanor under Georgia law and can result in one year of jail time, and/or fines and community service.
Assault Charges on the Rise
Nationwide rates of violent crimes have increased. According to the Justice Department’s National Crime Victimization Survey it was found that the increase was due to an increase in assaults, particularly simple assaults where no bodily harm occurred and where no weapon was used. Rates for other crimes such as robbery, property crime, and sexual assault for example remained at a relatively steady rate over time. Simple assault cases have steadily increased since 2011.
Two Basic Forms of Simple Assault
There are two types of simple assault – both are attacks without a weapon; however, one type involves a minor injury and the other type does not:
- With Minor Injury includes an attack without a weapon that results in bruises, black eyes, cuts, scratches or swelling, and other undetermined injury that requires less than two days in the hospital
- Without Injury which refers to an attempted assault without a weapon
In addition to the two basic forms, the charge and conviction can also be elevated to a high and aggravated level.
Simple Assault Charges Elevated
Georgia’s Code on simple assault include specifics that could lead to a charge of high and aggravated simple assault when you did not expect it. Examples of the Code per the Bureau of Justice Statistics where the charge is elevated to a high and aggravated level include:
- Committing the assault in a public transit vehicle or station (bus, van, or rail car) can result in punishment of a misdemeanor of a high and aggravated nature if convicted.
- A conviction where the assault was committed between past or present spouses, parents of the same child, parents/children, step-parents/children, foster parents/children, those living in same household, except for siblings, will be considered for punishment as a misdemeanor of a high and aggravated nature.
- Committing a simple assault against anyone who is 65 years of age or older brings an elevated misdemeanor charge.
- Charges of assault against any public school system employee on school grounds, during official duty, on a school bus or at a bus stop will bring an elevated charge upon conviction.
- Conviction of committing a simple assault against a pregnant female brings a charge of misdemeanor of a high and aggravated nature.
Georgia Simple Assault Attorney
Having legal representation experienced in Georgia Code and their charges may save you a misdemeanor charge, jail time, and financial hardship. Call attorney Joel Baskin for a confidential review of your situation and charges.