OCGA § 16-5-20 / § 16-5-21

Simple assault — placing another person in reasonable apprehension of violent injury — is a misdemeanor carrying up to 12 months and a $1,000 fine. Aggravated assault (with a deadly weapon, with intent to rape or rob, or by discharging a firearm) is a felony carrying 1–20 years, with mandatory minimums of 3–10 years in certain circumstances. We challenge the alleged intent, the credibility of witnesses, and the sufficiency of the evidence.

OCGA § 16-5-23 / § 16-5-24

Simple battery (intentional physical contact of an insulting nature) is a misdemeanor. Aggravated battery — intentionally causing serious bodily harm by depriving a person of a body part, rendering a member useless, or seriously disfiguring — is a felony carrying 1–20 years. Repeat offenses against the same victim carry mandatory minimums. We scrutinize the medical evidence, the circumstances of the altercation, and any self-defense claims.

OCGA § 16-8-41

Armed robbery — taking property from another person by use of an offensive weapon — is one of the most serious felonies in Georgia, carrying 10–20 years with a mandatory minimum of 10 years. A second conviction carries life imprisonment. We challenge eyewitness identification, the sufficiency of the weapon evidence, and the voluntariness of any confession.

OCGA § 19-13-1 / Georgia Family Violence Act

Georgia's Family Violence Act applies to assault, battery, stalking, and criminal damage to property committed against household members or former partners. A conviction results in a permanent criminal record, loss of firearm rights under federal law, and can affect child custody proceedings. We challenge the evidence, the credibility of the complainant, and work to protect your rights throughout the process.

OCGA § 16-5-2 / § 16-5-3

Voluntary manslaughter (killing in the heat of passion) carries 1–20 years in Georgia. Involuntary manslaughter (unintentional killing during an unlawful act or lawful act in an unlawful manner) carries 1–10 years for a felony or up to 12 months for a misdemeanor. We investigate the circumstances thoroughly and pursue heat-of-passion, accident, and justification defenses where applicable.

OCGA § 16-5-1

Murder in Georgia carries life imprisonment, life without parole, or the death penalty. Felony murder — a death occurring during the commission of a felony — carries the same penalties even if the death was unintentional. These are the most serious charges in the Georgia criminal code. We conduct independent investigations, challenge the state's evidence at every stage, and fight aggressively for every available defense.

OCGA § 16-5-90 / § 16-5-91

Stalking (following, surveilling, or contacting a person in a way that causes reasonable fear) is a misdemeanor for a first offense. Aggravated stalking — violating a protective order, bond condition, or injunction — is a felony carrying 1–10 years. We challenge the sufficiency of the evidence and the constitutionality of any restraining orders involved.

OCGA § 16-11-126 / § 16-11-131

Carrying a weapon without a valid license, possessing a firearm as a convicted felon (OCGA § 16-11-131), or possessing a firearm during the commission of a crime carries serious felony penalties. A felon-in-possession conviction carries 1–5 years. Possession of a firearm during a crime of violence carries a mandatory consecutive 5-year sentence. We challenge the legality of the search, the chain of custody, and the prosecution's proof of possession.

GEORGIA STAND YOUR GROUND LAW

Self-Defense Is a Powerful Defense in Georgia

Under OCGA § 16-3-21, a person is justified in using force — including deadly force — when they reasonably believe it is necessary to prevent death or great bodily injury to themselves or another. Georgia does not require you to retreat before using force in self-defense. The Castle Doctrine (OCGA § 16-3-23) extends this protection to your home, vehicle, and place of business. Attorney Sherota has extensive experience building and presenting self-defense cases and will evaluate whether this defense applies to your situation.

What is the difference between assault and battery in Georgia?

In Georgia, assault and battery are two distinct offenses. Assault (OCGA § 16-5-20) involves placing another person in reasonable apprehension of receiving a violent injury — no physical contact is required. Battery (OCGA § 16-5-23) requires actual physical contact of an insulting or provoking nature. Aggravated versions of both offenses involve a deadly weapon or result in serious bodily injury and carry felony penalties.

Does Georgia have a Stand Your Ground law?

Yes. Under OCGA § 16-3-21, a person is justified in using force — including deadly force — against another person when they reasonably believe that such force is necessary to prevent death or great bodily injury to themselves or a third person. Georgia does not require a person to retreat before using force in self-defense, provided they are not the initial aggressor.

What are the penalties for aggravated assault in Georgia?

Aggravated assault is a felony under OCGA § 16-5-21 carrying 1–20 years in prison. However, mandatory minimums apply in certain circumstances: 3 years minimum if committed in a public transit vehicle, 5 years minimum if committed against a law enforcement officer, and 10 years minimum if a firearm is discharged from a vehicle. The specific facts of your case significantly affect the sentencing range.

Can a domestic violence charge be dropped if the victim doesn't want to press charges?

Not necessarily. In Georgia, once law enforcement responds to a family violence call, the decision to prosecute rests with the District Attorney's office — not the victim. The state can and often does proceed with charges even if the alleged victim recants or refuses to cooperate. However, an uncooperative victim significantly affects the strength of the prosecution's case, and an experienced attorney can use this to your advantage.

What is felony murder in Georgia?

Felony murder (OCGA § 16-5-1(b)) occurs when a person causes the death of another person during the commission of a felony — even if the death was unintentional. For example, if someone dies during an armed robbery, all participants can be charged with felony murder. The penalty is the same as for malice murder: life imprisonment, life without parole, or the death penalty. This is one of the most aggressively prosecuted charges in Georgia.