Georgia Criminal Defense

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Georgia Assault Lawyer

Assault and Battery are two separate concepts, but in criminal law the crimes are usually linked together. Assault refers to the intention or threat to damage the body of another person, even if no physical encounter occurs. A perceived threat is also considered assault, even if the defendant cannot go through with said threat. An example of this would be using the hand or another object under a jacket in such a way that it gives the impression that a gun is being carried.

 

Battery is the willing or intentional physical touch of another person against their will, or using a substance or object to intentionally touch another person against their will. Injury does not have to occur, for example spitting.

 

It is not considered assault or battery when consent has been given, during an act of self defense or defense of property, during the defending of other people or if there is a legal act of discipline involved.

 

An anger management program and a suspended sentence are usually given to those convicted of simple assault and battery (when little damage is caused). If a defendant has any previous violent convictions then a jail sentence is usually warranted.

 


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