You may have heard the terms “assault” and “battery” often used in conjunction. Although assault and battery are similar and usually occur together, they are separate offenses with different elements. This article will explain the difference between assault and battery along with the elements and levels of both crimes.
Assault vs. Battery
Assault is defined as the threat of imminent physical harm. This occurs when one attempts to invoke physical harm on another individual or if one’s actions make the recipient feel reasonable fear of being harmed. Battery is when one commits physical bodily harm to another individual with the intent to provoke or injure them. To illustrate the difference, assault is simply the threat of battery.
Assault and battery often occur together. For example, an individual may threaten to beat someone up (assault) before committing the act (battery). However, this isn’t always the case: one might make a threat of physical harm but never follow through with the act, or harm someone with intent but no threat beforehand.
Types of Assault and Battery Charges
Assault and battery can occur in different degrees, ranging from misdemeanor to felony. Below is an explanation of the elements that construct each degree of assault and battery.
Simple Assault
A simple assault occurs when an individual (1) attempts to commit a violent injury to another individual or (2) commits an act that places another in a situation where it is reasonable to immediately receive a violent injury (see GA Code § 16-5-20). Committing a simple assault will result in a misdemeanor charge.
A simple assault conviction will result in a punishment of up to 12 months in prison and/or up to $1,000 in fines. There are some circumstances that will raise the simple assault charge from a regular misdemeanor to a “misdemeanor of a high and aggravated nature”. A misdemeanor of a high and aggravated nature will result in a punishment of up to 12 months in prison and/or up to $5,000 in fines. These circumstances are:
- A simple assault is committed in a public transit vehicle or station.
- A simple assault is committed between “past or present spouses, persons who are the parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household” (characterized as “domestic”).
- A simple assault is committed against an employee of a public school system of the state while they are engaging in their duties or on school property.
- A simple assault is committed against an individual that is pregnant at the time of the offense.
Aggravated Assault
An aggravated assault occurs when an individual commits an assault (1) with intent to murder, rape, or rob; (2) with a device which, when used offensively against a person, may result in serious bodily injury or strangulation; or (3) by discharging a firearm from within a motor vehicle towards an individual (see GA Code § 16-5-21). Committing an aggravated assault will result in a felony charge.
An aggravated assault conviction will result in a punishment of 1 to 20 years of imprisonment. However, there are some circumstances that will alter the range of punishment that may be set by the court. These circumstances are:
- When an aggravated assault is committed against a public safety officer while they are performing their duties, the punishment goes as follows:
- When the assault occurs by the discharge of a firearm by an individual over 17 years of age, the punishment will range from 10 to 20 years of imprisonment.
- When the assault does not involve the discharge of a firearm but does not only involve the use of one’s body by an individual over 17 years of age, the punishment will range from 5 to 20 years of imprisonment.
- When the assault occurs only with the use of the individual’s body, the punishment will range from 5 to 20 years of imprisonment.
- When an aggravated assault is committed against an individual who is 65 years of age or older, the punishment will range from 3 to 20 years of imprisonment.
- When an aggravated assault is committed in a public transit vehicle or station, the punishment will range from 3 to 20 years of imprisonment.
- When an aggravated assault is committed during a theft of a commercial vehicle, the punishment will range from 5 to 20 years of imprisonment and/or a fine of $50,000 – $200,000.
- When an aggravated assault is committed by discharging a firearm from within a motor vehicle towards an individual, the punishment will range from 5 to 20 years of imprisonment.
- When an aggravated assault is committed with the use of a firearm upon a student, teacher, or other staff member within a school safety zone, the punishment will range from 5 to 20 years of imprisonment.
- When an aggravated assault is committed between “past or present spouses, persons who are the parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household” (characterized as “domestic”), the punishment will range from 3 to 20 years of imprisonment.
- When an aggravated assault is committed with the intent to rape a child under the age of 14 years, the punishment will range from 25 to 50 years of imprisonment.
- When an aggravated assault is committed an officer of the court while they are engaged in their duties, the punishment will range from 5 to 20 years of imprisonment.
Simple Battery
A simple battery occurs when an individual (1) intentionally makes physical contact with an insulting or provoking nature to another or (2) intentionally causes physical harm to another (see GA Code § 16-5-23). Committing a simple battery will result in a misdemeanor charge.
A simple battery conviction will result in a punishment of up to 12 months in prison and/or up to $1000, depending on the circumstances. There are some circumstances that will raise the simple battery charge from a regular misdemeanor to a “misdemeanor of a high and aggravated nature”, similar to a simple assault charge. These circumstances are:
- A simple battery is committed against an individual who is 65 years of age or older.
- A simple battery is committed against an individual who is pregnant at the time of the offense.
- A simple battery is committed in a public transit vehicle or station.
- A simple battery is committed against a police, correctional, or detention officer while they are carrying out their duties
- A simple battery is committed between “past or present spouses, persons who are the parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household” (characterized as “domestic”).
- A simple battery is committed against a sports official while they are officiating an amateur contest or on the property where they are officiating.
- A simple battery is committed against an employee of a public school system of the state while they are engaging in their duties or on school property.
Aggravated Battery
An aggravated battery occurs when an individual maliciously causes bodily harm to another by depriving them of their body, rendering a member of their body useless, or seriously disfiguring their body (see GA Code § 16-5-24). Committing an aggravated battery will result in a felony charge.
An aggravated battery conviction will result in a punishment of 1 to 20 years of imprisonment. However, there are some circumstances that will alter the range of punishment that may be set by the court. These circumstances are:
- When an aggravated battery is committed against a public safety officer while they are engaged in their duties, the punishment will range from 10 to 20 years of imprisonment, in addition to a fine of at least $2,000.
- When an aggravated battery is committed against an individual who is 65 years of age or older, the punishment will range from 5 to 20 years of imprisonment.
- When an aggravated battery is committed in a public transit vehicle or station, the punishment will range from 5 to 20 years of imprisonment.
- When an aggravated battery is committed with the use of a firearm upon a student, teacher, or other staff member within a school safety zone, the punishment will range from 5 to 20 years of imprisonment.
- When an aggravated assault is committed between “past or present spouses, persons who are the parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household” (characterized as “domestic”), the punishment will range from 3 to 20 years of imprisonment.
Receiving Assistance
If you are faced with an assault and/or battery charge(s), you will need a strong defense to help your case and prove your innocence or lessen your punishment. Some potential defenses are self-defense, showing the absence of an intent to harm, and more. An assault/battery charge, whether it be a misdemeanor or felony, can cause great harm to your record and severely impact your future. It is imperative to obtain a skilled criminal defense attorney to assist you in your case.
