Question:

What's the difference between aggravated assault and a misdemeanor battery?

by Guest60695  |  earlier

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all my life ive been going through a lot of emotional abuse with my mother. she would says things as far as calling me a ******,wishing i was dead, and ill never be anyone important in my life. i was so hurt that i got tired of it and threw a small object the size of a remote which left a bruise. in the state of georgia the officer charged me with a misdeamenor battery. so im going to court i just want to know what the outcome would be in the state of georgia, whether i will get put on probation or go to jail.

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  1. Aw, I fell sorry for you!

    The justice system is unfair, your mom should be punished!

    if your mom's thrown knives at you before you should report her, I don't think that's legal, don't just let her dominate you!

    I hope you odn't go to jail though, theres no felling worse than getting booked and realizing you can't leave, and that you dont have control of yourself anymore.


  2. Battery is the actual contact, hitting, pushing, shooting, stabbing; Assault is putting someone in fear of receiving a battery. Assault is the threat; battery is doing so. Pointing a gun at someone is Assault; shooting them is battery. The gun would make it "Aggravated."

  3. misdemeanor battery is when you beat up missy elliot

  4. OK, first, you have to determine what the definitions are in your state.  In some states, battery is causing physical injury (such as in Florida), while in other states (such as Kentucky) causing injury is called assault.  In the State of Georgia, the act of causing an injury is called "battery".  In your case, you were charged with battery for causing injury by hitting your mother with a remote control.  Assault would have been making a threat to whack her with the object.

    Now, aggravating factors typically consist of using a weapon of some sort or by causing serious physical injury.  For example, if you punch someone in the mouth, it is misdemeanor battery.  If you hit them in the mouth with a baseball bat, it is felony aggravated battery.  Or, if you use your fists and beat someone so badly they need serious medical attention, that is also aggravated battery.  Aggravated assault would be the threat to cause bodily harm while using a weapon, such as wielding a bat or pointing a gun at someone.

    EDIT> Well, it sounds like you did commit a misdemeanor battery.  If that is the case, you will likely be able to complete some sort of diversion program and maybe pay a small fine and/or have some sort of probation.  I would suggest you get a lawyer and see if they can make sure the crime isn't classified as a domestic violence crime since that can really cause you problems later in life.  Since you hit your mother, that is typically considered domestic violence and that would prevent you from owning or possessing a firearm and working in some jobs.

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