Georgia Assault & Battery: Simple vs. Aggravated

Georgia separates assault (threatening/attempting violence) from battery (actual physical contact). Simple assault (O.C.G.A. § 16-5-20) and simple battery (§ 16-5-23) are misdemeanors; aggravated assault (§ 16-5-21) is a felony involving a deadly weapon, strangulation, or intent to rob/rape/murder. Family violence battery (§ 16-5-23.1(f)) carries enhanced consequences, including a felony on a second offense.

This is general information, not legal advice. The exact class and penalty depend on the facts — talk to a Georgia attorney.

Georgia treats assault and battery as related but distinct crimes, and the charge can be a misdemeanor or a serious felony depending on the circumstances.

Assault: threat or attempt

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

attempting to commit a violent injury to another, or
committing an act that places another in reasonable apprehension of immediately receiving a violent injury.

No physical contact is required. Simple assault is a misdemeanor (with enhancements for protected victims).

Aggravated assault: a felony

O.C.G.A. § 16-5-21 elevates an assault to the felony of aggravated assault when it involves aggravating factors — such as a deadly weapon (or an object likely to cause serious injury), strangulation, discharging a firearm from a vehicle, or an intent to murder, rape, or rob. The penalty range depends on the conduct and any enhancements.

Battery: actual contact

Georgia has two main battery offenses:

Simple battery (O.C.G.A. § 16-5-23) — intentional physical contact of an insulting or provoking nature, or intentionally causing physical harm; and
Battery (O.C.G.A. § 16-5-23.1) — intentionally causing substantial physical harm or visible bodily harm (like blackened eyes or substantial bruising).

Both are generally misdemeanors, with enhancements for protected victims.

Family violence battery

Family violence battery (O.C.G.A. § 16-5-23.1(f)) is battery against a household member — current or former spouses, co-parents, parents and children, and others who live or have lived together. A first offense is generally a misdemeanor, but a second or subsequent offense is a felony. These charges can also trigger firearm and protective-order consequences — confirm current penalties.

To get matched with a local Georgia attorney, connect with a lawyer.

Frequently asked questions

What's the difference between assault and battery in Georgia?

Assault (O.C.G.A. § 16-5-20) is attempting a violent injury or putting someone in reasonable fear of immediate violent injury — no contact required. Battery (§§ 16-5-23, 16-5-23.1) requires actual physical contact that is insulting/provoking or that causes harm.

When is assault a felony in Georgia?

Simple assault is a misdemeanor, but aggravated assault (O.C.G.A. § 16-5-21) is a felony — for example, assault with a deadly weapon, by strangulation, or with intent to murder, rape, or rob. The exact penalty depends on the facts and any protected-victim enhancements.

What is family violence battery in Georgia?

Battery committed against a household member — current/former spouses, co-parents, parents and children, and others who live or lived together (O.C.G.A. § 16-5-23.1(f)). A first offense is generally a misdemeanor; a second or subsequent offense is a felony. Confirm current penalties.

Related guides

Georgia Drug Charges Georgia's Controlled Substances Act (O.C.G.A. § 16-13-30) grades drug offenses by the substance's schedule and what you did with it — possession vs. possession with intent vs. trafficking. Marijuana possession of one ounce or less is a misdemeanor; more is a felony. Trafficking (§ 16-13-31) carries weight-based mandatory minimums — confirm current weights and penalties.

Georgia DUI Charges Georgia DUI law (O.C.G.A. § 40-6-391) makes it illegal to drive while impaired or with a BAC of 0.08% or more — 0.04% for commercial drivers and 0.02% for drivers under 21. Implied consent means refusing a state test can suspend your license, though a breath-test refusal can't be used against you at trial (Elliott v. State, 2019). A 4th DUI within 10 years is a felony — confirm current penalties.

Georgia Theft Charges Georgia's theft offenses include theft by taking (O.C.G.A. § 16-8-2), theft by deception, conversion, and others, all graded by the value of what was taken (O.C.G.A. § 16-8-12). Theft of $1,500 or less is generally a misdemeanor; above $1,500 it's a felony, with the range rising as the value increases. Confirm the current dollar tiers against the statute.

The Georgia Criminal Case Process A Georgia criminal case generally moves from arrest and first appearance, to bond, through the tiered courts: Magistrate Court for warrants and preliminary matters, State Court for misdemeanors, and Superior Court for felony trials. Felonies usually require a grand jury indictment. Misdemeanors carry up to 12 months; felonies carry more than a year (O.C.G.A. § 17-10-3).

Georgia Assault & Battery Charges