What is the penalty for simple assault in Georgia?

Simple assault is a misdemeanor offense. This may be punishable by a fine of up to $1,000 and/or up to 12 months in jail. You may also be given one year of probation or restitution payments. Restitution is a court order that the defendant must pay back the victim for any damages.

How long do you go to jail for simple assault in Georgia?

one year
Simple Assault – Misdemeanor If you are convicted of simple assault, as a misdemeanor you will face up to one year in prison and up to $1,000 in fines. If you are convicted of a misdemeanor of high and aggravated nature you will face up to one year in prison and fines up to $5,000.

Is simple assault a felony in Georgia?

Georgia assault laws include the offenses of both “assault” and “battery.” Both crimes are broken down into two separate degrees: “simple” and “aggravated.” Simple assault and battery are misdemeanor crimes. Aggravated assault and battery are felonies.

Is simple battery a felony in Georgia?

Simple Battery: Simple Battery is a standard misdemeanor offense. Aggravated Battery: A person convicted of the felony offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.

What is the difference between simple assault and simple battery?

Simple assault is defined as a verbal or physical threat of violence by an individual capable of carrying the act out which creates a reasonable amount of fear in which an act of violence is not committed. Simple battery is when the act of violence is carried out and physical harm is inflicted upon a person by another.

What is the code for simple assault?

Updated January 13, 2021 Simple “assault” in California | Penal Code 240 PCWatch this video on YouTube California Penal Code 240 PC defines the crime of assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” The offense is a misdemeanor punishable by up to …

Is simple assault a felony or misdemeanor?

Simple assault is a misdemeanor punishable by up to six months in jail and fines. Aggravated assault can be a misdemeanor or a felony, punishable by jail or prison, and fines. Assault with the intent to commit a felony is a felony and punishable by state prison and fines.

Does simple assault go on your record?

Unless it is a repeat offense (multiple times) or you already have a long criminal record, conviction for a simple assault will most probably be a two year sentence with probation. Once convicted, it will remain on record for all your life unless you attend the diversion programs like these.

What are examples of simple assault?

(1) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put …

Can a simple battery charge be dropped?

It would technically be up to the judge or the prosecutor to drop the charge. The police or victim, who initially brought in the charge, is then treated as witnesses. If the case was a simple assault and not a domestic assault, it could be dropped with an “Accord and Satisfaction” contract.

Can you sue for simple battery?

Victims of assault and battery have the right to sue their attackers for (money) damages. It is not necessary that the defendant first be convicted in a criminal trial, or even charged with a crime. As long as the plaintiff suffered damages because of the defendant’s wrongful actions, he or she can file suit.

What is simple assault by threat?

The elements of simple assault are: Intent to threaten or cause fear of harm to another person, such as through words or gestures; Actual harm to the victim, which may be physical in nature but is not required to cause bodily harm.

What is the penalty Fr simple assault in Georgia?

Simple assault in Georgia is punishable by a maximum of one year in county jail and/or a $1,000 fine. However, if the misdemeanor is of a high and aggravated nature, then the punishment is the maximum of a year in jail and/or a $5,000 fine.

What is the punishment for aggravated assault in Georgia?

In Georgia, a basic aggravated assault offense carries a minimum sentence of one year in prison with a maximum of twenty years. Georgia aggravated assault law escalates the penalty due to circumstances and classes of victims, as follows below.

What is the Georgia statute for aggravated assault?

The law governing aggravated assault is detailed in Official Code of Georgia, Annotated or OCGA § 16-5-21. It states that in Georgia, aggravated assault is an assault or an attempt or threat of assault with the intent to murder, rape, or rob another person.