Savannah Violent Crimes Attorney

Pursuant to O.C.G.A. 16-5-24, aggravated battery occurs when a person maliciously causes bodily harm to another. This can happen by depriving them of a member of their body, by rendering a member of their body useless, or by seriously disfiguring his or her body or a part of the body. Aggravated Battery is a felony offense carrying a maximum of 20 years in prison.

A person has committed assault when they attempt to commit a violent injury to another. The second way a person can be guilty of assault is when they commit an act that places another in reasonable apprehension of immediately receiving a violent injury. 

Simple assault (O.C.G.A. 16-5-20) is a misdemeanor offense carrying up to one year in jail.

A person commits battery when they intentionally cause visible bodily harm to another. Battery offense is more severe than simple battery. Simple battery increases to a battery offense when one person either causes visible bodily harm or substantial physical harm to another. That can include injuries such as a swollen lip or significant bruises. 

Although it is considered a misdemeanor, in certain situations, it can be prosecuted as a misdemeanor of a high and aggravated nature. These situations include, for example, committing battery in a public transit vehicle, or against a pregnant woman.  

Penalties can include a jail time of up to one year and a fine of up to $5,000.

Cruelty to children is broken down into three different degrees. First and second-degree are felony offenses.

Cruelty to Children in the First Degree is charged then the State claims a caregiver has willfully deprived a child of necessary sustenance to the extent that a child’s health or well-being is jeopardized. Cruelty to Children in the 1st degree carries a maximum punishment of 20 years in prison.

Cruelty to Children in the second degree is charged when the State claims a caregiver negligently causes a child cruel or excessive physical or mental pain. Cruelty to Children in the 2nd degree carries a maximum punishment of 10 years in prison.

Cruelty to Children in the 3rd degree is charged when the State claims a primary aggressor intentionally allows a child to witness a forcible felony, battery, or family violence battery. Anyone convicted of Cruelty to Children in the 3rd degree faces a misdemeanor for their first and second conviction of this offense. Subsequent offenses are typically prosecuted as felonies carrying a maximum punishment of 3 years in prison.

False imprisonment occurs when a person in violation of the personal liberty of another, arrests, confines, or detains another person without legal authority in violation of O.C.G.A. 16-5-41. This charge carries a maximum punishment of ten years in prison.

Felony murder occurs when a person commits murder while committing a felony. The underlying felony could be burglary, rape, kidnapping, or arson. The penalty for a felony murder conviction is life in prison or the death penalty. 

Involuntary manslaughter is a type of crime that results in the death of another. It occurs when an unintentional killing results from recklessness or criminal negligence.

If an individual accidentally kills someone while committing a misdemeanor offense, a penalty can include spending from one to 10 years in prison. However, if someone is killed because of another person’s negligence, that can be considered a misdemeanor crime, punishable by up to a year in prison and a fine of up to $1,000.

In Georgia, kidnapping occurs when a person abducts or steals away another person without lawful authority or warrant and holds such person against his or her will. Georgia law states that even a slight movement will be enough to constitute kidnapping- however if this movement is merely incidental to another offense, the charge of kidnapping is improper. Kidnapping carries significant penalties. Pursuant to O.C.G.A. 16-5-40, kidnapping may carry a maximum punishment of life in prison or death, depending on the facts and circumstances of the charge.

The crime of murder occurs when a person unlawfully causes the death of another. Georgia law also requires that the crime is premeditated. Murder can be in the first or second degree. The penalty for murder is the same as for felony murder – a death penalty or life imprisonment.

Pursuant to O.C.G.A. 16-5-23, simple battery occurs when a person intentionally makes a physical contact of an insulting or provoking nature with the person of another. Another way it can occur is when a person intentionally causes physical harm to another.

Simple battery is a misdemeanor punishable by up to 12 months in a local correctional facility and a potential fine of up to $1,000.

Many people do not understand the difference between voluntary and involuntary manslaughter. Voluntary manslaughter occurs when a person causes the death of another acting out of a sudden, violent, and irresistible passion resulting from serious provocation. The difference between murder and voluntary manslaughter is that the killing is done in the heat of the moment. Murder requires that there is malice aforethought or deliberation. 

The penalty for this crime in the State of Georgia involves spending from one to 20 years in prison.