Assault and battery

Additional Information

Understanding the Difference Between Assault and Battery

If you’ve been charged with assault and/or battery in Douglasville or anywhere in Metro Atlanta, it’s critical to speak with a local criminal defense attorney who knows how the local courts work. Although both assault and batteryare crimes, they are not the same offense. It is common for the two crimes to be confused or used interchangeably in conversation, though there is a key difference.

Despite being distinct crimes, people charged with either assault of battery are subject to harsh penalties if they are prosecuted and convicted to the fullest extent of the law. Though the consequences of a potential criminal conviction can be frightening, a knowledgeable defense attorney could provide the resources necessary to help avoid a conviction.

The Main Difference Between Assault and Battery

The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.

Since the charges are distinct, they each have their own set of penalties, should a conviction occur. However, someone facing either charge could be subject to fines as well as a jail sentence. Fortunately, it is possible to fight against criminal charges with the help of a defense attorney.

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Being charged with a crime can be extremely stressful, as a criminal record can complicate future aspirations. If you have been charged with either assault or battery, the best way to guard against penalties is it to have an aggressive criminal defense lawyer at your side. Attorney Kendall Teal has helped gain favorable legal outcomes for many throughout Georgia, and is ready to put this experience to work for you. Call our office today at (404) 218-2888 to discuss your legal options.

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Frequently Asked Questions

Is simple battery a misdemeanor in Douglas County?

Yes. Simple battery is typically a misdemeanor, punishable by up to 12 months in jail and a $1,000 fine. However, the charge can be elevated to aggravated battery or family violence battery if there are aggravating factors like serious injury, a weapon, or a domestic relationship between the parties.

Can assault or battery charges be dropped in Georgia?

Possibly. While the victim can express a desire not to prosecute, only the State (the prosecutor) can formally dismiss the charges. A strong defense—especially one that raises self-defense, mutual combat, or lack of evidence—can lead to dismissals or reductions. Our firm has successfully resolved assault cases across Douglas, Paulding, and Cobb Counties.

Can I avoid jail for a first offense in Carrollton or Hiram, GA?

Yes. In many first-time cases, especially for non-violent offenses like DUI, possession, or theft, alternatives such as pretrial diversion, probation, or conditional discharge may be available. Our firm regularly negotiates favorable outcomes for first offenders in Carroll County and Paulding County courts.

Do I need a lawyer for a misdemeanor in Marietta or Douglasville?

Absolutely. Even misdemeanors can carry serious consequences, including jail time, fines, and a permanent criminal record. A skilled criminal defense attorney in Marietta or Douglasville can often reduce or dismiss charges, especially in cases involving shoplifting, marijuana possession, or disorderly conduct.

What is considered aggravated assault in Georgia?

Aggravated assault involves an assault with a deadly weapon, or an assault with the intent to murder, rape, or rob. It is a felony in Georgia, punishable by 1 to 20 years in prison, depending on the facts of the case. These charges are taken seriously by prosecutors in Douglas County, Carrollton, and Marietta.

Does your law firm handle assault and battery cases outside Douglasville?

Yes. We represent clients charged with assault and battery in Douglasville, Carrollton, Hiram, Marietta, Atlanta, and all surrounding counties. Whether it’s a bar fight, domestic dispute, or school-related incident, we have the courtroom experience and negotiation skills to fight for the best possible outcome.

How much does it cost to hire a criminal defense attorney in Douglasville?