By Legal disclaimer: This article explains Georgia law for general informational purposes and is not legal advice. Statutes are amended periodically confirm current text with the Official Code of Georgia Annotated (O.C.G.A.) or speak with a Georgia criminal defense attorney for guidance on your specific case.
Georgia Assault & Battery Laws: Overview
Georgia treats assault and battery as separate offenses under Title 16, Chapter 5, Article 2 of the Official Code of Georgia Annotated (O.C.G.A.). Both have simple and aggravated versions, following the same underlying structure covered in our general pillars: What Is Assault? and What Is Battery in Law? Georgia’s specific statutory citations and penalty structures are outlined below.
Simple Assault in Georgia (O.C.G.A. § 16-5-20)
Georgia defines assault as attempting to commit a violent injury against another person, or committing an act that places another person in reasonable apprehension of immediately receiving a violent injury closely matching the general legal definition covered in What Is Assault? Simple assault in Georgia is generally charged as a misdemeanor.
Aggravated Assault in Georgia (O.C.G.A. § 16-5-21)
Aggravated assault applies when an assault is committed with intent to murder, rape, or rob; with a deadly weapon or an object likely to cause serious bodily injury; by firearm discharge from within a vehicle toward a person; or with an object used in a way likely to cause strangulation. This mirrors the general aggravating-factor framework in our Aggravated Assault pillar, with Georgia’s specific statutory list. Aggravated assault is a felony in Georgia, generally punishable by 1 to 20 years in prison, with several circumstances carrying elevated mandatory minimums including assaults against public safety officers (often 5 to 20 years, with a 10-year mandatory minimum where a firearm is discharged), assaults against victims 65 or older (3 to 20 years), and assaults within a family violence context (3 to 20 years).
Battery in Georgia (O.C.G.A. § 16-5-23.1)
Georgia’s battery statute defines the offense as intentionally causing substantial physical harm or visible bodily harm to another meaning harm perceptible to someone other than the victim, such as visible bruising, swelling, or blackened eyes. A first battery offense is generally a misdemeanor. Repeat convictions against the same victim, and batteries committed against protected categories of victims (an officer, a pregnant person, a person 65 or older, a teacher on school property), can elevate the charge, including to felony status on repeat family-violence battery convictions.
Family Violence Battery in Georgia
When battery occurs between household members spouses, co-parents, or people currently or formerly living together. Georgia charges it as family violence battery under O.C.G.A. § 16-5-23.1(f). A first offense is generally a misdemeanor, carrying up to 12 months in jail and a fine; a second or subsequent conviction involving the same or another victim is a felony, punishable by 1 to 5 years in prison. See Domestic Battery Explained for the broader concept this fits within.
Aggravated Battery in Georgia (O.C.G.A. § 16-5-24)
Aggravated battery in Georgia applies when a person maliciously causes bodily harm by depriving another of a body part, rendering a body part useless, or seriously disfiguring another’s body. Depending on the specific circumstances, this can be charged as a misdemeanor (for example, in some temporary-disfigurement scenarios) or, more commonly, as a felony punishable by 1 to 20 years in prison. See our general Aggravated Battery pillar for how this compares to other states’ structures.
Georgia Penalty Summary
| Charge | Statute | Typical Classification | Penalty Range |
| Simple assault | § 16-5-20 | Misdemeanor | Up to 12 months, fines |
| Aggravated assault | § 16-5-21 | Felony | 1 to 20 years (higher mandatory minimums for specific victims/weapons) |
| Battery (first offense) | § 16-5-23.1 | Misdemeanor | Up to 12 months, fines |
| Family violence battery (repeat) | § 16-5-23.1(f) | Felony | 1 to 5 years |
| Aggravated battery | § 16-5-24 | Misdemeanor or felony | Up to 20 years for felony-level charges |
How Georgia Compares to the General Framework
The underlying legal concepts threat vs. contact, simple vs. aggravated, misdemeanor vs. felony are the same ones covered across this site. See Assault vs. Battery and Is Assault a Felony or Misdemeanor? for the general rules Georgia’s statutes build on. For how Georgia compares to other states, return to our full state directory.
Frequently Asked Questions
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What is the penalty for aggravated assault in Georgia?
Aggravated assault in Georgia is generally a felony punishable by 1 to 20 years in prison, with higher mandatory minimums for certain victims (public safety officers, elderly individuals) or when a firearm is discharged.
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Is battery a felony in Georgia?
A first battery offense is generally a misdemeanor. It can become a felony for repeat family violence battery convictions or under other specific aggravating circumstances defined in O.C.G.A. § 16-5-23.1.
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What is the difference between assault and battery in Georgia?
Assault is the threat or attempt of harm without required contact; battery requires actual physical contact resulting in substantial or visible bodily harm. See Assault vs. Battery for the general distinction this builds on.
Talk to a Georgia Attorney
Georgia’s assault and battery statutes include numerous circumstance-specific penalty provisions that can significantly affect your case. Speak with a criminal defense attorney licensed in Georgia for guidance specific to your situation.