While an assault charge could include accusations such as:. There are two different types of charges that can be filed for both assault and battery - simple and aggravated. Each type of charge can lead to different punishments in the state of Georgia:. Call today at Apr 14, Share. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing.
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White Collar Crimes. Alcohol Crimes. In states that define assault as placing a victim in fear of violence, the victim's response must not only be genuine but reasonable under the circumstances. The test normally is whether the defendant's actions would cause a reasonable person to be in fear of an immediate physical attack.
In other words, the victim's response must be one that you'd expect from any reasonable person in the victim's position. Simple assault or battery is the least serious form of assault or battery, usually involves minor injury or a limited threat of violence, and is a misdemeanor. Felony assault or battery also referred to in some states as aggravated assault or battery involves circumstances that make the crime more serious, as when the victim is threatened with or experiences significant violence amounting to substantially more than a minor slap across the face or a punch in the jaw.
An assault that is aggravated based on the use of a deadly weapon requires that the offender have used a deadly weapon in the commission of the crime. In some states, assault or battery with a deadly weapon is a separate, distinct crime and not included in the crime of felony assault or battery. An object is a deadly weapon if it likely can cause death or great bodily harm. A gun and a large knife are, by definition, deadly weapons because they are inherently dangerous and even designed to cause injury.
Other objects, such as rocks, bricks, or even a boot can constitute a deadly weapon if the object is used in a manner likely to cause or threaten serious bodily injury or death. For in-depth information regarding assault with a deadly weapon, see our article Aggravated Assault With a Deadly Weapon. Felony assault or battery based on physical injury usually requires permanent disfigurement, such as permanent scarring to the face or other body part, or significant physical injury.
In order for a defendant to be convicted of felony assault or battery, the prosecutor or district attorney must prove every aspect of the crime called the "elements" of the crime beyond a reasonable doubt.
The evidence must prove that the defendant intentionally threatened an attack and caused the victim fear; or depending on how the state defines an assault that the defendant attempted or accomplished a physical attack. However, they often occur together, and that occurrence is referred to as "assault and battery. In an act of physical violence by one person against another, "assault" is usually paired with battery.
In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.
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