Penalties You May Face After Physical Altercations

Thurston Lopes • March 1, 2020

No one wants to face criminal charges. Bar fights may appear to be relatively harmless at the time, but serious penalties could be faced. Working with the best criminal law firm in Marietta, Cobb County and metro-Atlanta is the surest way to defend your rights. There are many ways that physical altercations can occur, but protecting your rights should always be the priority.


PHYSICAL ALTERCATIONS

There are many different types of physical altercations, with some being far more serious than others. Commonly, physical altercations fall into two categories that can be defined as a felony or a misdemeanor. You may stand charged of an assault and battery, each have two categories of their own: Simple Battery (a misdemeanor offense); Battery (a felony); Simple Assault (a misdemeanor offense); and Aggravated Assault (a felony) are all possible. The seriousness of the details of the altercation determine which classification is most appropriate; a misdemeanor or a felony charge.


BATTERY AND ASSAULT

Simple Assault (O.C.G.A. §16-5-20) is defined as attempting to commit a violent injury on someone else or putting them in a situation where it's reasonable they can be injured in such a manner. No physical contact is necessary to violate the law. Using your words is enough. The mere threat of injury or physical violence is sufficient for Simple Assault. If you were to threaten to beat someone or break their neck, or any other sort of threat of physical harm, you could be charged with Simple Assault.


Aggravated Assault (O.C.G.A §16-5-21) covers assaulting someone with the intent to murder, rape, or rob. Additionally, assaulting someone with a deadly weapon or with any object, device, or instrument which is likely to or actually does result in serious bodily injury qualifies as Aggravated Assault. A "drive-by shooting," or shooting a firearm from within a motor vehicle toward a person or persons is also classified as Aggravated Assault. Unlike Simple Assault, Aggravated Assault is a felony.


Simple Battery (O.C.G.A §16-5-23) and Aggravated Battery (O.C.G.A §16-5-24) are also distinct. Simple Battery is intentionally making physical contact of an insulting or provoking nature with the person of another. In more common language, this is taunting someone, such as shoving them or otherwise attempting to provoke them with a physical act. Another definition is intentionally causing physical harm to another person. An action could be considered Aggravated Battery if it involves intentionally and maliciously inflicting a serious injury to the victim, such as causing the loss of a limb or serious disfigurement. The disfigurement might be something like severe scarring, perhaps caused by a burn, cut, or other injury.


MISDEMEANOR

As noted previously, both Simple Battery and Simple Assault are misdemeanors. Accordingly, such offenses are less severe than a felony, and the penalty cannot exceed a year to serve in prison and a fine. Technically, a misdemeanor is a relatively minor offense when compared to a felony. While misdemeanors might not be as serious as a felony, they shouldn't be taken lightly. Both a fine and jail time could apply. If you've been arrested and charged with a Simple Battery or a Simple Assault, your first step in preparing a defense should be to find a qualified criminal defense lawyer, like Attorney Lopes of the Lopes Law Firm who has handled several similar cases and knows what it takes to prepare your best case. Don't try to navigate the legal process yourself. Without proper legal representation, you might say or do something that could have serious consequences.


FELONY

Felonies are far more serious crimes. Aggravated Assault and Aggravated Battery are both felony offenses under Georgia law. Felonies carry a minimum term of one year in prison, although these terms are often more than one year but as high as ten years per charge. Notably, the Georgia Board of Pardons and Paroles currently does not consider these crimes to eligible for parole until 90 % of the sentence has been served. It is only in the rear case that a sentence for these more serious crimes are less than one year and depends upon the judge and the limits of a negotiate disposition between your attorney and the local District Attorney. If you've been arrested and charged with either of these serious felony offenses, do not delay to find a qualified criminal defense lawyer, like Attorney Lopes of the Lopes Law Firm who has handled similar cases sense 1995 and knows what it takes to prepare your best case, negotiate a reduction in charges and successfully try your case for the best possible outcome. You cannot navigate this legal process yourself without serious consequences.


As you can see, physical altercations can lead to severe penalties. If you or a loved one has been arrested and charged with any of these offenses, you need to hire the best Marietta, Cobb County and metro-Atlanta Criminal lawyer. Call The Lopes Law Firm at (404) 589-9000 to request a confidential case evaluation. You'll be glad you did.


A white police car is driving down a city street.
July 18, 2025
Wondering if Georgia police can search your car without a warrant? Learn your rights during a traffic stop and when a warrantless search is legal. The Lopes Law Firm helps Atlanta drivers protect their rights.
A man is riding a red motorcycle down a road.
June 19, 2025
Motorcycle accident claims in Georgia involve unique challenges compared to car crash cases. Learn how The Lopes Law Firm helps Atlanta riders navigate injury claims and fight for fair compensation.
A woman is taking a picture of a police car on the street.
May 16, 2025
Facing DUI charges with a CDL in Georgia? The Lopes Law Firm in Atlanta helps commercial drivers protect their license, fight charges, and defend their future.
A man in an orange jumpsuit is standing in a prison cell.
April 30, 2025
Can you go to jail for a misdemeanor in Georgia? Learn the consequences and how The Lopes Law Firm helps Atlanta residents fight misdemeanor charges.
A judge 's gavel is sitting on a wooden table next to a person writing on a piece of paper.
March 20, 2025
Injured in Georgia? Learn how long you have to file a personal injury lawsuit and why acting quickly matters. The Lopes Law Firm helps Atlanta residents protect their rights.
February 21, 2025
Can you refuse a breathalyzer test in Georgia? Learn about Georgia’s implied consent law, the consequences of refusal, and how The Lopes Law Firm in Atlanta can help defend your DUI case.
January 30, 2025
Should I Sue the Truck Driver or the Trucking Company After a Georgia Truck Accident?
A close up of the word civil rights in a dictionary
December 20, 2024
If you believe your civil rights have been violated in Georgia, it's crucial to understand the steps you should take to protect your rights. This blog post outlines the actions you should take, how to document the violation, and the role of an attorney in holding those responsible accountable.
A scale of justice is sitting on a wooden table next to a gavel.
December 2, 2024
What Is the Statute of Limitations for a Georgia Truck Accident?
A judge is holding a gavel while sitting at a table with two people.
October 22, 2024
White collar crimes are non-violent offenses that typically involve deceit, fraud, or financial misconduct. These charges can carry severe penalties, including substantial fines, restitution, and long-term imprisonment, as well as significant damage to your professional reputation and personal life. At The Lopes Law Firm in Georgia, we are dedicated to providing strong defense strategies for individuals and businesses facing white collar crime charges.  What Are White Collar Crimes? White collar crimes are typically committed by individuals or organizations in professional or business settings and often involve financial wrongdoing. These crimes can be complex and may involve multiple parties, fraudulent schemes, or violations of federal and state laws. Common types of white collar crimes include: Fraud: Fraud can take many forms, including securities fraud, insurance fraud, healthcare fraud, and credit card fraud. Fraud involves intentionally deceiving another person or entity for financial gain. Embezzlement: Embezzlement occurs when someone unlawfully takes money or property entrusted to them, often in a workplace setting. Insider Trading: This crime involves buying or selling securities based on non-public, material information, typically by someone with privileged access to the company's financial or business data. Bribery: Bribery occurs when someone offers, gives, receives, or solicits something of value in exchange for influencing the actions of an individual in a position of authority, such as a public official. Money Laundering: Money laundering involves disguising the origins of illegally obtained money by transferring it through a complex sequence of banking transfers or commercial transactions. Tax Evasion: Tax evasion refers to the illegal avoidance of paying taxes by underreporting income, inflating deductions, or hiding money in offshore accounts. Identity Theft: Identity theft involves unlawfully obtaining someone else’s personal information (such as Social Security numbers or credit card details) to commit fraud or other crimes. Penalties for White Collar Crimes in Georgia White collar crimes are prosecuted at both the state and federal levels, and the penalties for conviction can be severe. Depending on the nature and scale of the crime, penalties may include: Fines: Convicted individuals or businesses may be required to pay substantial fines, often in the millions for larger, more complex crimes. Restitution: Defendants may be ordered to pay restitution to the victims of their crimes to cover financial losses. Imprisonment: Many white collar crimes carry lengthy prison sentences, with some offenses leading to decades of imprisonment in federal or state prison. Probation: In some cases, individuals convicted of white collar crimes may be placed on probation, which involves strict supervision and compliance with court-mandated conditions. Damage to Reputation: Beyond the legal penalties, a white collar crime conviction can irreparably damage your professional and personal reputation, making it difficult to secure future employment or business opportunities. Defending Against White Collar Crime Charges White collar crime cases are often complex, involving intricate financial transactions, detailed evidence, and multiple parties. At The Lopes Law Firm, we have experience handling these complex cases and are prepared to develop a strong defense tailored to your specific situation. Some common defense strategies include: Lack of Intent: Many white collar crimes require proof of intent to deceive or defraud. If we can show that you did not have the intent to commit a crime, it could lead to a dismissal or reduction of charges. Insufficient Evidence: White collar crime cases often hinge on documentary evidence and witness testimony. We will carefully examine the evidence against you, challenge its credibility, and work to have any weak or inadmissible evidence excluded from court. Duress or Coercion: In some cases, individuals may be pressured or coerced into participating in fraudulent schemes. We can argue that you acted under duress and were not a willing participant in the criminal activity. Entrapment: Entrapment occurs when law enforcement officers induce an individual to commit a crime that they would not have otherwise committed. If we can demonstrate entrapment, it may be possible to have the charges dismissed. Good Faith or Mistake: In certain cases, individuals may believe they were acting within the law or following standard business practices. If we can show that you made an honest mistake or acted in good faith, this may serve as a defense. The Importance of Hiring an Experienced White Collar Crime Defense Attorney White collar crime cases require a deep understanding of financial law, intricate business practices, and federal and state regulations. Hiring an experienced defense attorney is critical to ensuring that your rights are protected throughout the investigation and legal process. At The Lopes Law Firm, we understand the complexities of white collar crime cases and are prepared to defend your interests aggressively. We work closely with forensic accountants, financial experts, and investigators to build a robust defense strategy. Our goal is to reduce the charges against you, negotiate favorable outcomes, and protect your professional reputation. How The Lopes Law Firm Can Help If you are under investigation for a white collar crime or have already been charged, it’s essential to act quickly. The sooner you consult with an experienced defense attorney, the better your chances of building a strong defense. At The Lopes Law Firm, we provide comprehensive legal services, including: Representation during Investigations: If you are under investigation, we will advise you on how to respond to inquiries from law enforcement, protect your rights, and help you avoid self-incrimination. Developing a Defense Strategy: We will thoroughly review the facts of your case, analyze the evidence, and build a customized defense strategy based on the specifics of your situation. Negotiation and Plea Bargaining: If appropriate, we will negotiate with prosecutors to seek a reduction in charges or penalties, including plea agreements when it is in your best interest. Trial Representation: If your case goes to trial, we will provide aggressive representation in court, working to challenge the prosecution’s case and advocate for your acquittal. White collar crime charges can have serious, long-lasting consequences for your life and career. If you are facing accusations of fraud, embezzlement, money laundering, or other white collar crimes in Georgia, you need an experienced defense attorney to protect your rights and your future. At The Lopes Law Firm, we have the knowledge and experience to help you navigate these complex legal matters and achieve the best possible outcome. Contact The Lopes Law Firm today for a consultation and let us help you build a strong defense against your white collar crime charges.