Felony assault, also known as felonious assault, is a serious criminal charge that can carry severe penalties in Georgia and across the United States. It involves the intentional or reckless infliction of harm or the threat of harm to another person, often with a weapon or in an especially dangerous manner. Understanding what constitutes felony assault and the differences between various types of assault offenses is critical for anyone facing criminal charges or interested in the legal system.
At Garland, Samuel & Loeb, P.C., we understand the importance of clear legal guidance. With over 75 years of combined experience, our team of seasoned attorneys in Atlanta, Georgia, provides expert defense in complex criminal cases, including those involving felony assault. We’re committed to delivering the highest quality representation and helping our clients understand the full scope of their charges. Below, we’ll provide an in-depth explanation of what felony assault is, its legal implications, and how it relates to other types of assault and battery crimes under Georgia law.
Felony Assault: The Basics
In Georgia, felony assault refers to an assault charge that involves more severe conduct or a greater risk of harm than a simple misdemeanor assault. The definition of assault in Georgia law is broadly described as an intentional attempt to cause serious bodily injury to another person or putting that person in reasonable fear of immediate harm. For more information on nonviolent felonies, click here.
Under O.C.G.A. § 16-5-20, a person commits simple assault when they intentionally attempt to cause injury or commit an act that causes someone to fear that they will be harmed. However, felony assault (commonly referred to as felonious assault) typically involves more extreme circumstances, such as the use of a deadly weapon or causing serious bodily injury to the victim. Felony assault often falls under the category of aggravated assault, as defined by O.C.G.A. § 16-5-21. This law criminalizes intentionally attempting or causing serious bodily injury to another person, with or without a weapon, and it includes situations where an individual is placed in fear of immediate harm with a deadly weapon.
Click here for more information on serious violent felonies and our experience with violent crimes.
Is Assault a Felony?
Not all assault charges are felonies. Whether or not assault constitutes a felony depends on several factors:
- Serious injury: If the victim suffers significant bodily injury—such as broken bones, internal injuries, or disfigurement—the charge is more likely to be a felony.
- Use of a weapon: If the accused uses a deadly weapon, such as a firearm, knife, or bat, to threaten or harm the victim, the charge may be elevated to a felony.
- Intentional conduct: Felony assault charges are often triggered by intentional actions that are particularly egregious or malicious, or if the assault is committed under aggravating circumstances.
The difference between misdemeanor and felony assault is significant. Misdemeanor assault charges often involve less severe conduct, and the penalties are less severe than those associated with felony charges. Misdemeanors carry various monetary penalties and incarceration of up to 12 months. Felonies carry incarceration penalties of over 1 year.
Assault Defined
Under O.C.G.A. § 16-5-20, the law outlines the general definition of assault. It is defined as an attempt to cause physical harm or the intentional creation of a fear of imminent injury in another person. Georgia law also includes aggravated assault under O.C.G.A. § 16-5-21 as a more serious offense. Aggravated assault occurs when a person:
- Attempts to cause or causes serious bodily injury to another.
- Uses a deadly weapon (such as a firearm, knife, or other dangerous instrument) during the assault.
- Commits assault in certain aggravated circumstances, such as attacking a police officer or public servant.
When assault involves significant injury or is committed with a weapon, it may be classified as a felony rather than a misdemeanor, carrying heavier penalties.
Battery Crimes and Battery Charges
While assault is an attempt or threat of harm, battery involves the actual infliction of physical harm. Under Georgia law, battery crimes are defined under O.C.G.A. § 16-5-23 as any intentional infliction of bodily harm on another person. This could include physical acts like punching, kicking, or hitting the victim.
Battery charges can be serious, especially if the victim suffers significant injuries. In some cases, a person may be charged with both assault and battery for the same incident, particularly when there is both a threat and physical injury involved. Battery charges can also be categorized as aggravated battery if the injuries are severe or permanent.
Battery Crime Definition: Battery is the unlawful and intentional use of force that results in injury or offensive physical contact with another person.
Domestic Violence Charges and Assault
In cases of domestic violence, an assault charge may be upgraded to a more severe offense, such as felony assault, depending on the circumstances. Domestic violence can involve physical harm, threats, or intimidation between intimate partners, spouses, or family members. When assault occurs within a domestic setting, it can result in domestic violence charges, which are taken very seriously under Georgia law.
Under O.C.G.A. § 16-5-23.1, domestic violence charges are punishable by mandatory arrest and more severe penalties. If the assault is severe enough to cause significant injury, or if a weapon is involved, it may be classified as felony assault.
In Georgia, domestic violence charges often lead to both criminal consequences and civil actions, such as restraining orders. Domestic violence convictions can also have long-term effects, especially in child custody cases or family court proceedings.
Types of Assault
There are several types of assault, each carrying its own penalties based on the severity of the act:
- Simple Assault: As defined in O.C.G.A. § 16-5-20, simple assault involves an attempt to cause injury or the intentional creation of fear of harm in another person. This can be classified as a Class A misdemeanor if no injury occurs.
- Aggravated Assault: This type of assault is typically charged as a felony under O.C.G.A. § 16-5-21. It involves causing or attempting to cause serious bodily injury, often with the use of a deadly weapon or in certain aggravated circumstances.
- Domestic Assault: This includes assault charges occurring between family members or intimate partners and may result in harsher penalties, particularly if the defendant has a history of domestic violence.
- Sexual Assault: Sexual assault charges often involve unwanted sexual contact and can carry severe criminal penalties, particularly when the assault includes the use of force or threat of harm.
Assault Charges in Federal Court
In the United States, assault is primarily governed by state law rather than federal law. However, there are specific federal statutes that address certain types of assault, especially in the context of federal jurisdiction or if the assault involves federal officers, certain federal property, or specific circumstances like hate crimes. Here are the key federal statutes that deal with assault:
18 U.S.C. § 113 - Assault Within the Special Maritime and Territorial Jurisdiction of the United States
This statute covers assault that occurs within U.S. territories, including military bases, national parks, or other federal property. The statute outlines several types of assault:
- Subsection (a): Assault with the intent to do bodily harm.
- Subsection (b): Assault with a dangerous weapon.
- Subsection (c): Simple assault.
- Subsection (d): Aggravated assault.
Penalties under this statute can vary based on the type and severity of the assault.
18 U.S.C. § 111 - Assaulting, Resisting, or Impeding Certain Officers or Employees
This statute makes it a federal crime to assault, resist, or impede federal law enforcement officers or other federal employees in the performance of their official duties. It applies to:
- Subsection (a): Assaulting a federal officer with or without a weapon.
- Subsection (b): Forcibly resisting, opposing, or impeding the officer in the performance of their duty.
The penalties can be severe, including imprisonment.
18 U.S.C. § 245 - Federally Protected Activities (Hate Crimes)
This statute is part of the federal civil rights laws and applies to cases where a person is assaulted because of their race, color, religion, or national origin while engaging in a federally protected activity, such as voting or attending school.
Learn more on our extensive experience handling federal charges here: Federal Charges
Possible Imprisonment for Assault
The penalties for assault in Georgia depend on whether the assault is classified as a misdemeanor or felony. Jail time for assault can range from probation for a misdemeanor to long prison sentences for felony convictions. For felony assault charges, the penalties may include:
For felony assault, a minimum of 1 year incarceration, with the possibility of up to 20 years or more, depending on the circumstances and the seriousness of the injury or any additional charges. For misdemeanor assault, up to 12 months incarceration.
Additional fines or restitution to the victim.
Probation or parole, depending on the case.
Difference Between Misdemeanor and Felony Assault
The key difference between misdemeanor and felony assault is the severity of the act and the resulting harm.
Misdemeanor assault generally involves less serious harm or the threat of harm and is punishable by up to 12 months in jail, probation, fines, or a combination of these.
Felony assault involves serious bodily injury, the use of a deadly weapon, or an assault in particularly aggravating circumstances. Felony assault charges can result in sentences of several years in prison, with the possibility of additional penalties depending on the case.
In general, felony assault charges carry much harsher consequences than misdemeanor charges and may have lifelong repercussions, including a permanent criminal record.
Defenses for Assault
If you’ve been charged with assault in Georgia, it’s critical to understand your legal rights and the potential defenses available to you. Assault is a serious criminal charge, but depending on the circumstances of the incident, there may be valid defenses to the accusation. These defenses can either lead to a reduction or dismissal of the charges or could help you avoid a conviction altogether. Some of these possible defenses include:
Self-Defense
One of the most common and widely recognized defenses to assault charges in Georgia is self-defense. Under O.C.G.A. § 16-3-21, an individual is justified in using force, including deadly force, if they are acting to protect themselves from an imminent threat of harm. The key to self-defense is that the force used must be proportional to the threat faced.
Self-defense can apply in situations where:
- The defendant had a reasonable belief that they were in imminent danger of bodily harm.
- The defendant used only reasonable and necessary force to protect themselves from that harm.
- The defendant’s use of force was not excessive (i.e., they did not use more force than was necessary to defend themselves).
Key Factors in Self-Defense:
- Imminent threat: The threat of harm must be immediate or imminent.
- Proportionality: The force used must not be excessive. If a person uses deadly force in response to a minor threat, the self-defense argument could fail.
- Reasonable belief: The person must have had a reasonable belief that they were about to be harmed.
If you can demonstrate that you acted in self-defense, the charges against you may be dismissed, or you may be acquitted at trial.
Defense of Others
In addition to self-defense, you may also have a valid defense if you used force to protect someone else. O.C.G.A. § 16-3-21 also allows for the use of force to defend another person who is facing an imminent threat of harm.
Just like self-defense, the force used must be reasonable and proportional to the threat faced by the person being defended. You cannot use excessive force in defending someone else, just as you cannot use excessive force when defending yourself.
Justification
Justification is a broader legal defense that includes not only self-defense and defense of others but also certain other actions that are otherwise illegal but justified by the circumstances. Under O.C.G.A. § 16-3-20, justification can apply in situations where an individual’s actions were morally or legally justified by the circumstances, even if they technically involved committing an act that would otherwise be a criminal offense.
For example, you might argue justification in the following situations:
- Acts of defense: As previously discussed, self-defense and defense of others are forms of justification.
- Law enforcement: If you were a law enforcement officer acting within the scope of your duties, your actions might be justified.
- Other legal defenses: Some other actions can be justified under the law, such as stopping an immediate threat to public safety.
If you can prove that your actions were justified, the court may dismiss the charges or reduce the severity of the offense.
Lack of Intent
For an assault charge to stand, the prosecution must prove that the defendant intended to cause harm or create fear of harm. If you can demonstrate that you did not have the requisite intent, this can serve as a defense to the charges.
For example, if you were involved in a confrontation, but you did not mean to harm the other person, you might be able to argue that the incident was accidental. Without proof of intent, the prosecution may not be able to secure a conviction for assault.
Mistaken Identity
In some cases, a mistaken identity defense can be used if the defendant was incorrectly identified as the person who committed the assault. This can happen in situations where witnesses misidentify the perpetrator or when physical evidence doesn’t match the accused.
For example, if the defendant has an alibi or if there is doubt that they were present at the scene, the court may find that the prosecution has failed to prove the defendant’s involvement beyond a reasonable doubt.
Consent
In some situations, consent can be used as a defense to assault charges. This typically applies in situations where both parties agree to engage in conduct that might otherwise be considered assault, such as in some types of contact sports. However, the consent must be valid—meaning the person who consented must have had the capacity to do so, and the actions must be within the scope of that consent.
For example, if two individuals agree to fight as part of a mutual altercation (such as in a boxing match), the actions may not meet the legal definition of assault. However, consent cannot be used as a defense in cases of domestic violence or when the force used is unreasonable or excessive.
Involuntary Actions (Insanity or Involuntary Intoxication)
In rare cases, a defendant may be able to claim that their actions were involuntary. This can occur in situations where the defendant was not in control of their actions, such as in cases of extreme intoxication or medical conditions that caused involuntary movements.
For example, if someone is diagnosed with a medical condition that causes involuntary movements, they may be able to argue that they did not have control over their actions at the time of the incident. This defense is very difficult to prove and generally requires expert testimony. These defenses fall under O.C.G.A. §§ 16-3-2, 16-3-3, 16-3-4.
Provocation
While provocation is not a complete defense to assault, it can be a factor that the court considers in sentencing. In some cases, the defendant may argue that they were provoked into committing an assault, which could potentially lead to a reduction in charges or penalties. However, provocation by itself is not a legal justification for assault.
How Garland, Samuel & Loeb, P.C. Can Help
If you or someone you know is charged with assault or a similar crime, it is imperative that you have legal representation from a reputable attorney that has experience handling such cases. At Garland, Samuel & Loeb, P.C., we understand the gravity of felony assault charges and their potential impact on your future. Our experienced team of attorneys in Atlanta is here to provide you with a strong defense against felony assault charges, including domestic violence charges, sexual assault allegations, battery crimes, and felonious assault. We have a proven track record of success in complex criminal defense cases, and we are committed to helping our clients achieve the best possible outcomes.
Our attorneys will carefully analyze your case, develop a comprehensive defense strategy, and fight relentlessly on your behalf. If you are facing felony assault charges in Georgia, don’t wait to seek legal counsel—contact Garland, Samuel & Loeb, P.C. today to schedule a consultation.
Call 404-262-2225 for a confidential, free consultation and visit us at www.gsllaw.com for more information or to schedule an appointment. Our team is here to fight for your rights and provide you with the expert representation you need during this challenging time.
