How long does Georgia have to charge me with assault or battery?

Under O.C.G.A. § 17-3-1, most felony assault/battery charges must be brought within four years (seven when the victim is under 18), and misdemeanors within two years, subject to certain tolling rules.

Georgia Assault & Battery Defense Attorneys

Georgia Assault & Battery Lawyers

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

Assault (O.C.G.A. § 16-5-20) requires no contact — it is attempting a violent injury or causing reasonable fear of one. Battery requires actual contact: insulting/provoking touch (simple battery, § 16-5-23) or contact causing substantial or visible bodily harm (battery, § 16-5-23.1). Both are misdemeanors unless aggravated or involving a protected victim.

Q: When does a fight become aggravated assault in Georgia?

Under O.C.G.A. § 16-5-21, an assault becomes aggravated assault when committed with intent to murder, rape, or rob, or with a deadly weapon or any object likely to cause serious bodily injury. Aggravated assault is a felony punishable by 1 to 20 years in prison.

Q: Is self-defense a valid defense to assault and battery in Georgia?

Yes. Under O.C.G.A. § 16-3-21 you may use force to defend yourself or others, including deadly force to prevent death, great bodily harm, or a forcible felony, with no duty to retreat (§ 16-3-23.1). If justified, you can seek immunity from prosecution at a pretrial hearing under § 16-3-24.2.

Q: What is aggravated battery in Georgia?

Aggravated battery (O.C.G.A. § 16-5-24) is a felony for maliciously depriving someone of a body part, rendering a body part useless, or seriously disfiguring them. It carries 1 to 20 years in prison, with a 5-year minimum for elderly victims, school personnel, or public-transit incidents.

We Don't Back Down.

A bar fight, a heated argument, a moment of self-defense — none of it makes you guilty of a felony. You are presumed innocent, and the State must prove intent, identity, and the absence of justification beyond a reasonable doubt. From the first call, Morrison & Hughes protects your record and your freedom against assault, battery, and aggravated-assault charges across Georgia.

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GA Aggravated Assaults (2023)

Reported offenses statewide (GBI UCR Program, 2023)

Of GA Violent Crime

Aggravated assault is the largest share (GBI UCR Program)

0 yr

Max. Aggravated Assault Prison

Felony, 1–20 years (O.C.G.A. § 16-5-21)

GA Aggravated-Assault Arrests

Statewide arrests in 2023 (GBI UCR Program)

Aggressive Defense, Statewide

An Accusation of Violence Is Not Proof of a Crime.

Assault and battery cases are rarely as simple as the police report makes them sound. A shove that ended a confrontation becomes "aggravated assault." A person defending their family becomes "the aggressor." A messy break-up turns into a family-violence charge based on one side of the story. Officers arrest first and sort it out later — and prosecutors routinely overcharge, stacking felonies onto what was, at most, a misdemeanor.

Morrison & Hughes defends people accused of simple assault, simple battery, battery, aggravated assault, and aggravated battery throughout Georgia — from Atlanta and the metro counties to LaGrange. We examine who started it, whether you were defending yourself or someone else, whether you had the required intent, and whether the injuries match the charge.

Georgia's self-defense and "stand your ground" laws are powerful — and so is the immunity hearing they make available before trial. Every conversation with our team is confidential and protected. There is no judgment here, only a defense team that does not back down.

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Georgia criminal defense attorney reviewing an assault and battery case file with a client

Charges & Penalties

Georgia Assault & Battery Charges We Defend

Georgia draws a sharp line between a misdemeanor scuffle and a felony that can send you to state prison for two decades. The exact charge — and whether it is "aggravated" — turns on intent, the weapon used, the injury caused, and the identity of the alleged victim. Here is how Georgia grades each offense.

O.C.G.A. § 16-5-20

Simple Assault

Attempting a violent injury, or placing another in reasonable apprehension of immediate violent injury — no contact required. Charges often hinge on one person's perception.

Misdemeanor — up to 12 months & a $1,000 fine. High & aggravated when the victim is a spouse, pregnant, elderly, or a public-safety officer.

Misdemeanor

O.C.G.A. § 16-5-23

Simple Battery

Intentional physical contact of an insulting or provoking nature, or that causes physical harm — a shove, a slap, or a grab can qualify even without a visible injury.

Misdemeanor — up to 12 months. High & aggravated for family violence; repeat family-violence battery can become a felony (1–5 yrs).

Misdemeanor (felony on repeat)

O.C.G.A. § 16-5-23.1

Battery

Intentionally causing substantial or visible bodily harm — blackened eyes, swollen lips, or bruising. Family-violence battery is treated as its own serious offense.

Misdemeanor (high & aggravated for visible harm). A third battery against the same victim, or a second family-violence battery, is a felony (1–5 yrs).

Misdemeanor → felony

O.C.G.A. § 16-5-21

Aggravated Assault

Assault with intent to murder, rape, or rob — or with a deadly weapon or any object likely to cause serious injury. The "deadly weapon" element is frequently overcharged.

Felony — 1 to 20 years. Enhanced minimums for victims who are police, elderly (65+), or for firearm discharge from a vehicle (5–20 yrs).

Felony

O.C.G.A. § 16-5-24

Aggravated Battery

Maliciously causing harm that deprives someone of a body part, renders a body part useless, or seriously disfigures them — broken bones and permanent scarring are common allegations.

Felony — 1 to 20 years. Minimum jumps to 5–20 years for victims 65+, school personnel, or in a public-transit setting.

Felony

Family Violence Act

Family-Violence Enhancements

When the alleged victim is a current/former spouse, co-parent, household member, or relative, the same conduct carries harsher grading — and triggers protective orders and firearm consequences.

High & aggravated misdemeanor on a first offense; a second family-violence battery becomes a felony (1–5 yrs) under O.C.G.A. § 16-5-23.1.

Enhanced grading

The Numbers Behind the Charge

Georgia Aggravated Assault & Violent Crime Statistics

Aggravated assault is, by a wide margin, the most common violent crime charged in Georgia — which means prosecutors and police bring these cases constantly, and not always correctly. The data below, from the Georgia Bureau of Investigation's Uniform Crime Reporting (UCR) Program and the FBI, shows the scale of the problem and the stakes of getting your defense right.

Georgia Violent Crime, by Type

Share of reported violent offenses

Source: GBI Uniform Crime Reporting Program — aggravated assault ≈ 75.5% of Georgia violent crime, far ahead of robbery, rape, and murder.

Aggravated Assaults vs. Arrests

Georgia, 2023 (reported offenses vs. arrests)

Source: GBI UCR Program, 2023 Summary Report — 27,901 reported aggravated-assault offenses and 8,149 arrests statewide.

Prison Exposure by Charge

Maximum confinement (months)

Source: O.C.G.A. §§ 16-5-20, 16-5-23, 16-5-23.1, 16-5-21, 16-5-24 — misdemeanors cap at 12 months; aggravated assault and aggravated battery reach 240 months (20 years).

Enhanced Aggravated-Assault Minimums

Mandatory minimum (years) by victim/circumstance

Source: O.C.G.A. § 16-5-21 — base 1 yr; firearm from a vehicle 5 yr; against a peace officer by firearm 10 yr (mandatory).

Know What You're Facing

Assault vs. Battery — and When It Becomes "Aggravated"

People use "assault and battery" as a single phrase, but Georgia treats them as separate crimes — and the word "aggravated" is what turns a county-jail misdemeanor into a felony carrying up to 20 years in state prison. Understanding which box you fall into changes the entire defense.

Assault

The Threat

No physical contact is required — assault is attempting a violent injury or causing reasonable fear of one (O.C.G.A. § 16-5-20).
Simple assault is a misdemeanor: up to 12 months and a $1,000 fine.
Becomes aggravated assault (felony, 1–20 yrs) with a deadly weapon or intent to murder, rape, or rob.
Words alone are usually not enough — context and the victim's perception are everything.

Misdemeanor → felony with a weapon or intent

Battery

The Contact

Battery requires actual physical contact — insulting/provoking touch (simple battery, § 16-5-23) or harm (battery, § 16-5-23.1).
"Visible bodily harm" — black eyes, swollen lips, bruising — pushes simple battery up to battery.
Becomes aggravated battery (felony, 1–20 yrs) when it disfigures or disables a body part (§ 16-5-24).
Repeat and family-violence batteries carry felony exposure even without serious injury.

Touch → harm → permanent injury = harsher grade

"Aggravated"

The Felony Multiplier

A deadly weapon — or any object used in a way likely to cause serious injury — can make a simple fight a felony.
Aggravated assault and aggravated battery each carry 1 to 20 years in prison.
Whether something is a "deadly weapon" is a fact question a jury decides — and a place we attack the charge.
Enhanced minimums apply for victims who are police officers, elderly, or for firearms.

1–20 years · The element we fight hardest

Family Violence

The Hidden Trap

The same shove between strangers and between household members carries very different grading.
First family-violence battery is a high & aggravated misdemeanor; a second is a felony (1–5 yrs).
A conviction can trigger protective orders, loss of firearm rights, and immigration consequences.
False or exaggerated allegations are common in custody and divorce disputes — we investigate the motive.

Protecting your record protects your future.

How We Fight

Defenses to Assault & Battery Charges in Georgia

There is almost always more to the story than the arrest report. We build the defense around the facts that actually happened — and under Georgia law, several of these defenses can end the case before a jury is ever seated.

Self-Defense

Under O.C.G.A. § 16-3-21, you may use force — including deadly force when facing death, great bodily harm, or a forcible felony — to protect yourself. If your conduct was justified, the State cannot convict you.

Defense of Others

The same statute lets you act to protect a third person. Stepping in to stop an attack on your spouse, child, or a stranger is not a crime — even if the other side calls the police first.

Stand Your Ground & Immunity

Georgia imposes no duty to retreat (O.C.G.A. § 16-3-23.1). When force is justified, § 16-3-24.2 grants immunity from prosecution — we can move to dismiss at a pretrial immunity hearing.

Lack of Intent

Battery and aggravated battery require a culpable mental state. An accident, a reflex, or contact that was never meant to harm is not the crime charged. We attack the intent element head-on.

Mutual Combat

When two people willingly fight, Georgia law treats it differently than a one-sided attack. Mutual combat can reduce charges, undercut "aggressor" claims, and support a justification defense.

False or Exaggerated Allegations

Custody battles, jealousy, and revenge produce false accusations. We investigate the accuser's motive, inconsistencies, prior statements, and the physical evidence — or the lack of it.

Mistaken Identity

Chaotic scenes, poor lighting, and suggestive identifications lead to the wrong person being charged. We test eyewitness reliability, video, and the chain of investigation.

Overcharging & the "Deadly Weapon"

Was it really a deadly weapon? Was the injury truly "serious" or "disfiguring"? We fight to reduce a felony aggravated charge back down to the misdemeanor it should have been.

Suppressing Bad Evidence

Illegal stops, coerced statements, and Miranda violations can put evidence off-limits. We move to suppress anything the State obtained in violation of your constitutional rights.

Confidential Case Review

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Tell us what happened. Your message goes straight to our defense team and is protected and confidential. A Morrison & Hughes attorney will reach out promptly to discuss whether self-defense, lack of intent, or overcharging applies to your case — no judgment, no obligation. If your situation is urgent, call 404-LAW-TEAM now.

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Thank you for trusting Morrison & Hughes. Your information is confidential. A criminal defense attorney will review what you've shared and contact you promptly to discuss your options and possible defenses.

Need to talk now? Call 404-LAW-TEAM — we're available 24/7 after an arrest. Until you speak with us, exercise your right to remain silent.

Know the Statutes

Georgia Assault & Battery Law: What You Need to Know

The exact O.C.G.A. section you are charged under controls everything — the maximum sentence, whether it is a misdemeanor or felony, and which defenses apply. Here are the statutes that matter most in an assault, battery, or aggravated-assault case.

O.C.G.A. § 16-5-20 & § 16-5-23

Simple Assault & Simple Battery

Simple assault is attempting a violent injury or causing reasonable apprehension of one; simple battery is insulting/provoking contact or causing physical harm. Both are misdemeanors (up to 12 months), elevated to high and aggravated when the victim is a spouse, pregnant, elderly, or a public-safety officer.

O.C.G.A. § 16-5-23.1

Battery & Family-Violence Battery

Battery requires substantial or visible bodily harm — a misdemeanor, but "high and aggravated" for visible harm or when the victim is pregnant. A third battery against the same victim, or a second family-violence battery, becomes a felony punishable by 1–5 years.

O.C.G.A. § 16-5-21

Aggravated Assault

Assault with intent to murder, rape, or rob — or with a deadly weapon or any object likely to cause serious injury — is a felony punishable by 1 to 20 years. Enhanced minimums apply for firearm discharge from a vehicle (5–20 yrs) and, by firearm, against a peace officer (mandatory 10 yrs).

O.C.G.A. § 16-5-24

Aggravated Battery

Maliciously depriving someone of a body part, rendering it useless, or seriously disfiguring them is a felony punishable by 1 to 20 years. The minimum rises to 5–20 years when the victim is 65 or older, is school personnel, or is harmed in a public-transit setting.

O.C.G.A. §§ 16-3-21 & 16-3-23.1

Self-Defense & No Duty to Retreat

You are justified in using force to defend yourself or others — including deadly force to prevent death, great bodily harm, or a forcible felony. Georgia is a "stand your ground" state: § 16-3-23.1 imposes no duty to retreat before lawfully using force.

O.C.G.A. §§ 16-3-24.2 & 17-3-1

Immunity & Statute of Limitations

If force was justified, § 16-3-24.2 grants immunity from prosecution, raised by pretrial motion. As for timing, most felony assaults must be charged within 4 years (7 years for victims under 18) and misdemeanors within 2 years under O.C.G.A. § 17-3-1.

Your First 24 Hours

What to Do If You're Accused of Assault or Battery

In a fight or a domestic dispute, the person who calls 911 first is often treated as the victim — even if they started it. What you do next can decide whether you face a felony or no charge at all.

1. Stay Silent

Do not try to "explain your side" to police at the scene. Even truthful statements get twisted into admissions. Politely say you will not answer questions without a lawyer, then stop talking.

2. Don't Apologize

An apology — even out of basic decency — can be recorded and used as an admission of guilt. Be calm and polite, but do not concede fault for anything.

3. Preserve the Self-Defense Evidence

Photograph your own injuries, torn clothing, and the scene. Identify witnesses and any cameras nearby. This evidence is what proves you were defending yourself.

4. Don't Contact the Accuser

If there is a protective order or a family-violence allegation, any contact — even an apology text — can mean a new charge. Communicate only through your attorney.

5. Write Down Everything

As soon as you can, record exactly what happened: who threw the first punch, what was said, and the sequence of events. Details that prove justification fade fast.

6. Call Morrison & Hughes

The earlier we're involved, the more we can preserve and the stronger your self-defense or immunity motion. Call 404-LAW-TEAM — 24/7, confidential.

Common Questions

Georgia Assault & Battery FAQs

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

Assault (O.C.G.A. § 16-5-20) does not require any physical contact — it is attempting a violent injury or putting someone in reasonable fear of immediate violent injury. Battery requires actual contact: insulting or provoking touch (simple battery, § 16-5-23) or contact causing substantial or visible bodily harm (battery, § 16-5-23.1). Assault is the threat; battery is the contact. Both are misdemeanors unless they are "aggravated" or involve a protected victim.

When does a fight become "aggravated assault" — a felony?

Under O.C.G.A. § 16-5-21, an assault becomes aggravated assault when it is committed with intent to murder, rape, or rob, or with a deadly weapon or any object, device, or instrument that, used the way it was used, is likely to cause serious bodily injury. That last category is broad — fists, a bottle, a vehicle, or a tool can all be charged as "deadly weapons." Aggravated assault is a felony punishable by 1 to 20 years in prison, which is exactly why we fight hard to challenge the "deadly weapon" and "serious injury" elements.

Is self-defense a valid defense to assault and battery in Georgia?

Yes — and it's one of the strongest. Under O.C.G.A. § 16-3-21, you are justified in using force to defend yourself or another person, including deadly force when you reasonably believe it is necessary to prevent death, great bodily harm, or a forcible felony. Georgia also has no duty to retreat ("stand your ground," § 16-3-23.1). If your use of force was justified, you cannot be convicted — and under § 16-3-24.2 we can seek immunity from prosecution at a pretrial hearing, potentially ending the case before trial.

What is aggravated battery, and how is it different from battery?

Ordinary battery (§ 16-5-23.1) involves substantial or visible bodily harm and is usually a misdemeanor. Aggravated battery (O.C.G.A. § 16-5-24) is a felony reserved for serious, lasting injury — maliciously depriving someone of a body part, rendering a body part useless, or seriously disfiguring them. It carries 1 to 20 years in prison (with a 5-year minimum for elderly victims, school personnel, or public-transit incidents). Whether an injury truly meets this definition is often disputed, and it's a central battleground in these cases.

What happens with a family-violence assault or battery charge?

When the alleged victim is a current or former spouse, a co-parent, a child or parent, or another household member, Georgia grades the offense more harshly under the Family Violence Act. A first family-violence battery is a high and aggravated misdemeanor, and a second one becomes a felony punishable by 1–5 years (O.C.G.A. § 16-5-23.1). A conviction can also trigger protective orders, loss of firearm rights, and immigration consequences. Because these cases frequently arise out of divorce and custody disputes, we investigate the accuser's motive and look hard for false or exaggerated allegations.

How long does the State have to charge me?

Under O.C.G.A. § 17-3-1, most felony assault and battery charges must be brought within four years (seven years when the victim is under 18), and misdemeanors generally within two years. Certain tolling rules can extend these deadlines — for example, when the accused is unknown — so the timing of your case should always be reviewed by an attorney, as a late charge may be subject to dismissal.

Is my conversation with Morrison & Hughes confidential?

Yes. Communications with our attorneys for the purpose of seeking legal advice are protected by the attorney-client privilege and kept strictly confidential. Your initial consultation is free, private, and carries no obligation. We know that being accused of hurting someone — especially a family member — is frightening and personal. There is no judgment here, only a team committed to defending you and the presumption of innocence.

From the Morrison & Hughes Blog

Assault & Battery Defense Resources

Straight guidance for people accused of violent offenses in Georgia, written by attorneys who defend them. Read these before you talk to law enforcement.

After Arrest