Criminal Defense
Violent crime charges in Georgia carry some of the harshest penalties in the state — including mandatory minimum prison sentences, lifetime registration requirements, and permanent bars to employment and housing. Attorney Brent E. Sherota has defended clients against assault, battery, robbery, and aggravated offense charges across Metropolitan Atlanta for over 10 years. If you or a loved one has been arrested, contact us immediately.
Under Georgia law, assault does not require physical contact. An assault occurs when a person attempts to commit a violent injury to another person, or commits an act that places another person in reasonable apprehension of immediately receiving a violent injury. The distinction between simple and aggravated assault determines whether the charge is a misdemeanor or felony.
O.C.G.A. § 16-5-20
An attempt to commit a violent injury to another person, or an act placing another in reasonable apprehension of immediately receiving a violent injury.
O.C.G.A. § 16-5-21
Assault committed with a deadly weapon, with intent to rob or rape, or by discharging a firearm from a vehicle toward another person.
Unlike assault, battery requires actual physical contact. Georgia law defines battery as intentionally making physical contact of an insulting or provoking nature with another person, or intentionally causing physical harm to another. A second battery conviction against the same victim is automatically elevated to a felony.
| Charge | Statute | Classification | Sentence |
|---|---|---|---|
| Simple Battery | § 16-5-23 | Misdemeanor | Up to 12 months / $1,000 fine |
| Battery | § 16-5-23.1 | Misdemeanor | Up to 12 months / $1,000 fine |
| Battery (2nd offense, same victim) | § 16-5-23.1(f) | Felony | 1 to 5 years |
| Aggravated Battery | § 16-5-24 | Felony | 1 to 20 years |
| Family Violence Battery (1st) | § 16-5-23.1 | Misdemeanor of High Aggravated Nature | Up to 12 months |
| Family Violence Battery (2nd+) | § 16-5-23.1(f) | Felony | 1 to 5 years |
Aggravated battery under O.C.G.A. § 16-5-24 occurs when a person maliciously causes bodily harm to another by depriving them of a member of their body, rendering a member of their body useless, or seriously disfiguring their body or a member thereof. This is a serious felony carrying 1 to 20 years in prison, with enhanced sentences when the victim is a law enforcement officer, corrections officer, or a person 65 years of age or older.
Robbery in Georgia involves taking property from another person by use of force, intimidation, or sudden snatching. When a weapon is involved — or when the defendant merely represents that they have a weapon — the charge escalates to Armed Robbery, one of the most seriously prosecuted felonies in the state. Armed robbery carries a mandatory minimum sentence and is not eligible for first-offender treatment.
O.C.G.A. § 16-8-40
Taking property from another person by sudden snatching, without the use of force, intimidation, or a weapon. The lowest-level robbery charge in Georgia.
O.C.G.A. § 16-8-40
Taking property from another person by use of force, intimidation, or threat. Includes situations where the victim is placed in fear of immediate serious bodily injury.
O.C.G.A. § 16-8-41
Robbery committed with an offensive weapon, or by representing that a weapon is present. Life imprisonment is possible. Not eligible for First Offender Act treatment.
O.C.G.A. § 16-5-1
Georgia distinguishes between malice murder (intentional killing with malice aforethought) and felony murder (death occurring during the commission of a felony). Both carry life imprisonment or the death penalty.
O.C.G.A. § 16-5-2
Killing another person in a sudden, violent, and irresistible passion resulting from serious provocation. Carries 1 to 20 years. A critical charge to distinguish from murder in homicide cases.
O.C.G.A. § 16-5-40
Abducting or stealing away another person without lawful authority. Carries 10 to 20 years, with life imprisonment if the victim is under 14 years old or if ransom is involved.
O.C.G.A. § 16-5-44.1
Taking a motor vehicle from another person by force, intimidation, or threat. A felony carrying 10 to 20 years, with a mandatory minimum of 10 years.
O.C.G.A. § 16-5-90
Following, placing under surveillance, or contacting another person without consent for the purpose of harassing or intimidating them. First offense is a misdemeanor; second offense is a felony.
O.C.G.A. § 16-5-70
Maliciously causing a child under 18 cruel or excessive physical or mental pain. First-degree cruelty is a felony carrying 5 to 20 years. These charges often arise in domestic disputes.
Georgia law designates seven serious violent felonies — sometimes called the "Seven Deadly Sins" — under O.C.G.A. § 17-10-6.1. Persons convicted of these offenses must serve a mandatory minimum of 10 years without the possibility of parole, probation, or early release. A second conviction for any of these offenses requires serving the maximum sentence without parole.
Violent crime charges are aggressively prosecuted, but they are also highly defensible. Attorney Sherota conducts a thorough independent investigation of every case — reviewing police reports, witness statements, surveillance footage, and physical evidence — to build the strongest possible defense strategy.
Georgia's Stand Your Ground law (O.C.G.A. § 16-3-21) allows a person to use force — including deadly force — if they reasonably believe it is necessary to prevent death or great bodily injury. There is no duty to retreat. This is one of the most powerful defenses available in assault and battery cases.
A person is justified in using force to defend a third party from imminent harm under the same standard as self-defense. This defense is frequently raised in cases involving domestic disputes, bar fights, or altercations where the defendant intervened to protect someone else.
Eyewitness misidentification is one of the leading causes of wrongful convictions. Attorney Sherota challenges the reliability of identifications through cross-examination, expert witnesses on memory and perception, and alibi evidence placing the defendant elsewhere at the time of the offense.
Many violent crime charges require proof of specific criminal intent. If the act was accidental, unintentional, or the result of a misunderstanding, the prosecution may be unable to prove the required mental state (mens rea) beyond a reasonable doubt.
Evidence obtained through unlawful searches, coerced confessions, or violations of Miranda rights may be suppressed. If key evidence is excluded, the prosecution's case may collapse entirely — leading to a dismissal or acquittal.
In cases involving mutual combat or situations where the alleged victim consented to the physical contact (e.g., a sporting event or consensual fight), the defendant may have a complete or partial defense to battery charges.
The first 24 to 72 hours after an arrest are the most critical period in a violent crime case. Evidence can disappear, witnesses' memories fade, and prosecutors begin building their case immediately. Retaining an experienced criminal defense attorney as early as possible gives your defense team the best opportunity to:
Remember Your Rights
"You have the right to remain silent. Anything you say can and will be used against you in a court of law."
Exercise this right. Do not speak to police, investigators, or prosecutors without your attorney present — even if you believe you are innocent. Politely but firmly state: "I am invoking my right to remain silent and my right to an attorney."
This page was written by Brent E. Sherota, Esq., a criminal defense attorney with over 10 years of experience in Metropolitan Atlanta, Georgia. Brent is an active member of the State Bar of Georgia and a John Marshall Law School alumnus. View full attorney profile →
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