Assault & Battery Lawyer Near You | TDE Criminal Defense

An assault or battery charge in Georgia can come out of a single moment that got out of hand, and the fallout runs from a misdemeanor to a felony that can carry decades in prison.

Accused of assault in Atlanta? What you do after an assault charge matters, starting with staying quiet until you have a lawyer at your side.

At TDE Criminal Defense Attorneys, we defend people accused of simple assault, simple battery, aggravated assault, and aggravated battery, and we start protecting your rights the moment you call.

A Charge Is Not a Conviction

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Talk to an assault defense lawyer before you give a statement, accept any plea deals and especially if you need an experienced trial attorney on your side.

What Is the Difference Between Assault and Battery?

People often use assault and battery to mean the same thing, but in Georgia they are two separate crimes. Assault is the threat or the attempt: acting in a way that makes someone reasonably fear immediate harm, even if no one is ever touched. Under Georgia law, battery generally involves intentionally causing physical harm or making physical contact that is considered insulting or provoking.

A single incident can lead to both charges, with each carrying sepearate penalties. If you’re facing an assault or battery charge, the smartest first move is to speak with a defense lawyer before you say anything. Understanding the difference between assault and battery, and knowing which charge the prosecution has filed, helps your lawyer build the strongest possible defense.

Georgia law divides assault and battery offenses into four distinct charges, ranging from misdemeanors to serious felonies. A battery charge in Georgia is not the same as an aggravated battery charge, and knowing exactly which one you’ll face is where any real defense begins. The difference often comes down to whether a weapon was involved or how serious an injury was.

What Is Simple Assault?

Simple assault under O.C.G.A. § 16-5-20 means attempting to injure someone or putting them in reasonable fear of immediate harm. No physical contact is required. Simple assault in Georgia is a misdemeanor, but a conviction still leaves a lasting mark on your record.

What Is Simple Battery in Georgia?

Under O.C.G.A. § 16-5-23, simple battery involves intentionally making physical contact that is insulting or provoking, or causes minor physical harm. Spitting on someone, for example, is usually charged as simple battery in Georgia. Battery is the next step up, used when the contact causes substantial or visible harm. In most cases both are misdemeanors, and understanding battery versus simple battery in Georgia can shape your entire case.

What Is Aggravated Assault?

Aggravated assault under O.C.G.A. § 16-5-21 is a felony. It applies when an assault involves a deadly weapon, strangulation, or the intent to rob, rape, or murder. Aggravated assault is a felony in Georgia. A conviction carries a prison sentence of one to 20 years, with longer terms in certain circumstances.

What Is Aggravated Battery?

Aggravated battery under O.C.G.A. § 16-5-24 is also a felony. It applies when someone maliciously causes serious harm, such as disfigurement or the loss of use of a body part, and carries a prison sentence of one to 20 years. These are among the most serious charges we handle, and they fall within our broader violent crime defense practice. The gap between a misdemeanor and a felony here is enormous, so the fastest way to learn what you are truly facing is a consultation.

Penalties and First-Offender Options in Georgia

Simple assault and simple battery are misdemeanors, punishable by up to 12 months in jail and a fine, while aggravated assault and aggravated battery are felonies that can bring one to 20 years in prison. Georgia’s First Offender Act lets some first-time defendants finish a sentence without a conviction on their record, but aggravated assault and aggravated battery are treated as serious violent felonies and do not qualify.

That’s one reason it’s important to explore whether your charge can be reduced to a lesser offense as early as possible. A felony conviction can also cost you the right to own a firearm, along with professional licenses and job opportunities long after any sentence ends.

How We Defend Assault and Battery Cases

Being charged is not the same as being convicted. Many assault and battery cases come down to who started it, whether there was real intent, and what the evidence shows. We build the defense the facts support, whether that’s self-defense, defense of others, a false or exaggerated allegation, mistaken identity, lack of intent, or flaws in the investigation.

From your first court date forward, we push for dismissals, reductions, and outcomes that protect your record. We read the police report, review any video, medical records, and witness statements for gaps and inconsistencies that can get a charge reduced or dismissed.

Why Choose TDE Criminal Defense Attorneys

TDE Criminal Defense Attorneys, P.C. is focused only on criminal defense across Atlanta and surrounding counties, including Fulton, DeKalb, Gwinnett, Cobb, Henry, Rockdale, Douglas, and Fayette. We have defended clients since 2009, and our growing team brings more than 50 years of combined courtroom experience.

Founding attorney Tessie D. Edwards has over 21 years of criminal law experience and a record of tackling tough cases head on. When your freedom and record are on the line, you want a team that gives your case the urgency it deserves.

Protect Your Record Before It Follows You

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Understand what you’re charged with, and how to fight it, with an assault attorney near you before your next hearing.

Frequently Asked Questions

Is aggravated assault a felony in Georgia?

Yes. Aggravated assault is a felony under O.C.G.A. § 16-5-21, punishable by one to 20 years in prison. The facts, such as whether a weapon was involved, drive both the charge and the sentence.

Is simple battery a felony in Georgia?

No. Simple battery is a misdemeanor in most cases, although repeat offenses or certain victims can raise the level. Even a misdemeanor conviction still stays on your record.

Is spitting on someone assault in Georgia?

Spitting on someone is usually charged as simple battery rather than assault, because it counts as insulting or provoking physical contact. It is a misdemeanor, but it is still a criminal charge worth fighting.

Can a first offender avoid a conviction?

For lesser charges such as simple assault, Georgia’s First Offender Act may let you avoid a conviction on your record. Aggravated assault and aggravated battery do not qualify, which is why negotiating a reduced charge can matter so much. A defense attorney can tell you what is realistic in your case. Timing matters here, because these options are easiest to pursue early in a case.

How do I find an assault lawyer near me?

The right choice is a defense lawyer who handles Georgia assault and battery cases day in and day out, moves fast, and gives you a clear read on where you stand. We offer confidential consultations so you can ask your questions before your first court date.

Contact an Assault and Battery Defense Lawyer Today

Whether you are facing a first misdemeanor or a serious felony, an assault or battery charge is not something to face alone. The team at TDE Criminal Defense Attorneys is ready to protect your rights, challenge the evidence, and fight for your future.

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