If you or someone you love has been charged with assault in Georgia, the first thing you need to know is which type of assault you are dealing with. Georgia law draws a hard line between simple assault and aggravated assault, and the difference between the two can mean the difference between a misdemeanor on your record and years in state prison.
Understanding the distinction between simple assault and aggravated assault in Georgia matters because it affects everything that comes next. It affects bail, potential penalties, your rights, and the legal strategy your attorney will use. This guide breaks down both charges in plain language so you know exactly where you stand.
What Is Simple Assault in Georgia?
Simple assault in Georgia does not require you to actually hurt someone. That surprises a lot of people. Under Georgia law, you can be charged with simple assault if you attempt to commit a violent injury to another person, or if you do something that puts another person in reasonable fear of being injured right then and there.
In other words, you do not have to make contact. Pulling your arm back like you are about to throw a punch, throwing something at someone and missing, or making a threat that causes someone to genuinely fear they are about to be harmed can all qualify as simple assault.
Simple assault is generally classified as a misdemeanor in Georgia. However, certain circumstances can bump it up to what the state calls a “misdemeanor of a high and aggravated nature.” This happens when the alleged victim falls into a specific category, such as a family member, a pregnant woman, a person 65 or older, a public school employee on duty, or a public transit worker. The charges are still a misdemeanor, but the potential penalties increase.
For the full text of Georgia’s simple assault statute, you can review it on the Georgia Code (O.C.G.A. 16-5-20) through Justia.
What Is Aggravated Assault in Georgia?
Aggravated assault in Georgia takes the basic elements of simple assault and adds factors that make the offense far more serious. This is where the stakes get significantly higher.
Under Georgia law, a person commits aggravated assault when they assault someone under one of these circumstances:
- With the intent to murder, rape, or rob
- With a deadly weapon, or any object or device that is likely to cause (or actually causes) serious bodily injury
- With any object or device that is likely to cause (or actually causes) strangulation
- By discharging a firearm from inside a motor vehicle toward another person
Aggravated assault is a felony in Georgia. That single word changes everything about how the case is handled, from the court that hears it to the penalties you could face if convicted.
It is worth noting that the definition of “deadly weapon” in Georgia is broader than most people expect. Courts have ruled that everyday objects can qualify as deadly weapons depending on how they are used. A car, a bottle, a bat, even a shoe can be considered a deadly weapon if used in a way that is likely to cause serious bodily injury. The question is not always about the object itself. It is about how the object was used.
You can review the full text of Georgia’s aggravated assault statute on the Georgia Code (O.C.G.A. 16-5-21) through Justia.
The Key Differences That Matter
On paper, the difference between simple assault and aggravated assault in Georgia comes down to a few factors. In practice, those factors change the entire trajectory of a case.
Classification. Simple assault is a misdemeanor. Aggravated assault is a felony. This distinction alone affects nearly every part of the legal process.
Which court handles the case. Misdemeanor cases are typically handled in State Court or Municipal Court. Felony cases, including aggravated assault, go through Superior Court. In Georgia, only a Superior Court judge can set bail for certain serious offenses, including aggravated assault in some circumstances. This can affect how quickly your loved one can get out of jail.
Potential penalties. While we are not going to list specific sentencing ranges here (because every case is different and sentencing depends on many factors a judge weighs individually), the general reality is this: simple assault penalties are measured in months. Aggravated assault penalties are measured in years. A felony conviction also carries consequences that extend well beyond the sentence itself, including the loss of voting rights, firearm rights, and significant barriers to employment and housing.
Bail. Bail for a misdemeanor simple assault charge is generally more straightforward and lower in amount. Bail for aggravated assault can be significantly higher, and in some cases, a Superior Court judge must be the one to set it. If your loved one is sitting in jail on an aggravated assault charge and bail has not been set yet, the process may take longer than you expect.
Long-term impact. A misdemeanor stays on your record, but its effect on your life is more limited. A felony conviction can follow you for decades, affecting job applications, professional licenses, college admissions, and more.
Assault vs. Battery: These Are Not the Same Thing
One of the most common points of confusion in Georgia criminal law is the difference between assault and battery. Many people use these words interchangeably, but Georgia treats them as separate offenses.
Assault is about the threat or attempt. You do not have to touch anyone to be charged with assault.
Battery is about the contact. Under Georgia law, battery involves intentionally making physical contact with another person in an insulting or provoking way, or intentionally causing physical harm.
A person can be charged with assault alone, battery alone, or both. Understanding which charges you are actually facing is one of the first things to clarify with your attorney.
What Happens After an Assault Arrest in Georgia
Whether the charge is simple or aggravated, the arrest process in Georgia follows a general pattern. Your loved one will be taken to the local jail, booked, and held until bail is addressed.
For misdemeanor charges like simple assault, bail is often set according to a schedule and can sometimes be posted relatively quickly. For felony charges like aggravated assault, the process can take longer because a judge may need to hold a hearing before bail is set.
Georgia law requires that a person arrested without a warrant must have an initial appearance within 48 hours. If the arrest was made with a warrant, the window extends to 72 hours. Weekends and holidays can push these timelines further.
During the initial appearance, the judge will read the charges, address bail, and ask whether the defendant has an attorney or needs one appointed. If bail is granted, conditions of release will be set. These conditions are legally binding and must be followed exactly.
If your loved one has been arrested for assault in Georgia and you need help posting bail, A 2nd Chance Bail Bonds can walk you through the process. Our team handles both misdemeanor and felony bonds across Metro Atlanta and Birmingham, Alabama. We are available 24/7 and can help you understand the charges, the bail amount, and what to expect next.
Why You Need an Attorney Immediately
Assault charges in Georgia, whether simple or aggravated, are not something to handle on your own. The legal system moves quickly, and decisions made in the first few days after an arrest can shape the entire outcome of a case.
An experienced criminal defense attorney can evaluate whether the charges match the actual facts of the incident. In some cases, what is initially charged as aggravated assault may be negotiable down to a lesser charge. In other cases, defenses like self-defense, defense of others, or lack of intent may apply. But those arguments need to be made by someone who understands Georgia law and knows how to present them effectively.
If your loved one cannot afford an attorney, they have the right to request a court-appointed lawyer. But if you have the ability to hire a private attorney, this is the time to do it.
For general information about the criminal process in Georgia, Georgia Legal Aid provides a helpful overview of your rights at each stage.
Conditions of Release and Monitoring
When a judge grants bail in an assault case, there are almost always conditions attached. Common conditions include staying away from the alleged victim, obeying all laws, remaining in the jurisdiction, and checking in with a pre-trial services officer.
In more serious cases, especially those involving aggravated assault or family violence, the court may require electronic monitoring as a condition of release. This could include a GPS ankle monitor that tracks the defendant’s location.
If the court orders electronic monitoring, A 2nd Chance Monitoring provides court-ordered GPS and alcohol monitoring services throughout Georgia and Alabama. Getting set up with a monitoring provider quickly can help avoid unnecessary delays in the release process.
Violating any condition of release is taken seriously. It can result in bail being revoked, additional charges, and your loved one going back to jail until the case is resolved. Follow every condition to the letter.
How A 2nd Chance Bail Bonds Can Help
No matter what type of assault charge your loved one is facing, the priority right now is getting them out of jail so they can work with their attorney from home instead of behind bars.
A 2nd Chance Bail Bonds has nearly 20 years of experience helping families through exactly this situation. We handle bonds for both simple assault and aggravated assault in Georgia, and we understand the differences in how these cases move through the system.
When you call A 2nd Chance, we will help you locate your loved one, explain the charges and bail amount, complete the paperwork, and get the bond posted as fast as possible. We also work closely with A 2nd Chance Monitoring to get any court-required monitoring set up without delay.
We have offices across Metro Atlanta, including Cobb, Cherokee, Clayton, DeKalb, Fulton, Gwinnett, and surrounding counties, plus a Birmingham, Alabama location. Call any of our locations 24 hours a day, 7 days a week.
About A 2nd Chance Bail Bonds
A 2nd Chance Bail Bonds has been reuniting families for nearly 20 years. With multiple offices across Georgia and Alabama, our licensed bail bond agents are available around the clock to provide fast, respectful service to every family we work with. Whether the charge is a misdemeanor or a felony, we are here to help.
Disclaimer: This article provides general information about simple assault and aggravated assault charges in Georgia. It is not legal advice. Georgia law is complex and changes over time. Every case is different, and the specific facts of your situation will determine how the law applies. Always consult with a licensed criminal defense attorney for guidance on your specific case. For the most current versions of Georgia’s criminal statutes, visit the Georgia General Assembly website.
