When someone hears the term “assault,” they may assume it always means a violent physical attack — but under Georgia law, that’s not always the case. In fact, you can be charged with assault without ever laying a hand on another person.

In this blog post, we’ll break down the difference between simple assault and aggravated assault in Georgia, the potential penalties, and what to do if you or a loved one is facing assault charges.

What Is Simple Assault in Georgia?

Under O.C.G.A. § 16-5-20, a person commits simple assault when they either:

• Attempt to commit a violent injury to another person, or
• Commit an act that places another in reasonable fear of immediately receiving a violent injury.

Importantly, no physical contact is required to be charged with simple assault. Even threatening words or gestures — if they reasonably place someone in fear — could be enough.

Penalties for Simple Assault:

• Usually a misdemeanor, punishable by up to 12 months in jail and/or a $1,000 fine.

What Is Aggravated Assault in Georgia?

Under O.C.G.A. § 16-5-21, aggravated assault occurs when someone commits assault with one of the following aggravating factors:

• With the intent to murder, rape, or rob
• With a deadly weapon or object that likely causes serious bodily injury
• By strangulation

Aggravated assault is far more serious and carries significantly heavier penalties.

Penalties for Aggravated Assault:

• A felony punishable by 1 to 20 years in prison, depending on the circumstances.

Why the Distinction Matters

Understanding the distinction between simple and aggravated assault is crucial — not only for legal professionals, but also for individuals charged or accused. The consequences for a felony conviction can impact employment, housing, firearm rights, and more.

Defending Assault Charges in Georgia

If you’re facing assault charges in Georgia, your future is at stake. At the Law Office of W. Scott Smith, P.C., we understand the nuances of Georgia criminal law and build strong, strategic defenses tailored to your unique situation.

Whether it’s a case of mistaken identity, self-defense, or a misunderstanding, our experienced team will fight for your rights.

Need Help? Contact Us Today.

If you or a loved one has been charged with simple or aggravated assault, don’t wait. Call the Law Office of W. Scott Smith, P.C. in Atlanta for a free consultation. Let us help you take the first step toward protecting your freedom and your future.