What does it take to end up facing charges of assault or battery? It’s probably easier than you realize to end up in handcuffs after a heated encounter or a brief altercation.
Most people define “assault and battery” in their minds as something that causes actual injury to someone – but they don’t realize that they can be charged with a crime for much, much less.
When words or gestures are enough
Under Georgia Code Title 16. Crimes and Offenses § 16-5-20, the mere act of saying or doing something that puts someone else in “reasonable apprehension of immediately receiving a violent injury” is enough for a simple assault charge.
What could that mean? Imagine that you are in a bar and someone bumps into you and an argument starts. Lifting a beer bottle and threatening to bash the other person’s head in with it if they say another word could be considered simple assault – even though you never take action.
When just a small amount of contact is enough
Under Georgia Code Title 16. Crimes and Offenses § 16-5-23, it’s a crime to make any intentional contact with someone else “of an insulting or provoking nature” even if the contact does not cause physical harm.
What might that look like? Again, imagine you’re in a verbal sparring match with someone in a bar, and you purposefully reach out and poke them in the chest with your finger or “tweak” their nose to make a point. Although you didn’t cause them any genuine injury, that’s certainly insulting or designed to provoke them – and that’s simple battery.
Even if things don’t escalate and there are no aggravating factors involved, such as the presence of a firearm, you could be facing up to a year in jail and $1,000 in fines – and a criminal record that could haunt you. Sound legal guidance is important if you find yourself in a situation that gets out of control.