Assault is a commonly used term and it is most often associated with a violent attack. An individual can certainly face assault charges in these circumstances, but the law is more complex than that.
Can assault charges apply in cases where physical contact has not been made?
What does the law in Georgia say?
Assault laws in Georgia attempt to address all types of violent conduct, including violent threats. Words on their own may not amount to assault, it all depends on the context of the situation. If the words or actions of one party lead the other to reasonably apprehend an imminent physical threat, then this could be classified as assault. For example, if one person claims that they are going to hit the other if they do not move out of the way.
A situation as described above is likely to be charged as a misdemeanor simple assault. Upon conviction, the accused can face a penalty of up to one year in prison as well as a $1000 fine.
What is an aggravated assault charge?
Cases involving the use of weapons or those that have the presence of more harmful intent could be charged as aggravated assault, which is much more serious. The maximum penalty for these charges is up to twenty years in prison and/or a fine of $1000.
Facing any kind of assault charge is serious and it is vital that you build a suitable defense strategy. Remember, you are innocent on all counts until proven guilty beyond a reasonable doubt. Seeking legal guidance will help you to assert your rights.