Criminal Assault

Criminal assault can be defined as threatening another individual with physical harm. It can fall under the heading of a misdemeanor or a felony crime.

Criminal Assault Lawyers

Criminal assault can be defined as threatening another individual with physical harm. It can fall under the heading of a misdemeanor or a felony crime.

What is Criminal Assault?

What comprises assault in one state may not be the same as what comprises assault in another state. In Georgia, Assault and Battery are two different offenses. According to Georgia criminal law, assault is defined as the threat or chance of violence, while battery is the act of physical violence.  All violent crimes warrant significant penalties for the perpetrator if he or she is convicted. Assault charges can be filed even if no one is hurt. All it takes to constitute assault is a threat of intentional physical harm.

Below are a few examples of assault:

  • Brandishing a knife but not cutting anyone
  • Shaking a fist at someone in a menacing manner, without hitting them
  • Aiming a gun at someone, loaded or unloaded, and the person is aware of it

There are also certain behaviors that may cause an individual to feel intimidated that do not comprise criminal assault.Such as, announcing that you are going to beat someone up someday, is not assault. Pointing a gun at someone who does not realize is not considered assault either.

Aggravated assault is unique because it requires that someone intends to cause devastating harm, and actually does so. Aggravated assault typically involves a weapon such as a gun or knife.
Assault & Battery

Oftentimes, assault and battery go hand-in-hand. Battery is when a person causes another person bodily harm with intent to do so. Most of the time, if there is a battery charge, there is also an assault charge. Yet, perpetrating assault does not automatically incur a battery charge.  

Criminal Assault Defenses

There are several types of defenses that can justify criminal assault. The best defense is not one-size-fits-all; it all depends on the case and the circumstances involved. As a rule, people can threaten physical violence or use force in order to defend themselves or another individual and in some cases, to protect his or her home or property. If you have a criminal assault charge, contact The Law Offices of Robert A. Rivers. We can help!

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