Assault and battery refers to two separate offenses. Battery is the offensive or harmful touching of another person. The act of battery can constitute a tort (civil offense) or a crime. Assault defines an incident that creates fear in a person of pending, harmful, or offensive contact. The act represents a threat of bodily harm along with the ability of the perpetrator to take action on the threat.
Types of Criminal Battery
Georgia codes cover several types of criminal battery cases, including simple battery, battery, aggravated battery, and sexual battery.
• Simple battery occurs when a person makes physical contact with another that is insulting or provoking or when the defendant has the intentions of committing physical harm.
• Battery happens when a person initiates physical contact with another individual, which causes substantial physical harm or visible bodily harm to the plaintiff. Usually, the state punishes a first-time conviction of battery as a misdemeanor.
• Aggravated battery consists of an individual who maliciously causes another to suffer bodily harm by badly disfiguring a part of the victim’s body or making any part of the body unusable.
• Sexual battery constitutes any non-consensual physical contact of a sexual nature. This behavior can involve an underage or mentally incompetent person.
If you are involved with an incident of battery, speak to with an attorney at the law firm of Eric J. Hertz, P.C. immediately to find out the laws that apply to your situation and your options. Many criminal battery cases result in the victim filing a lawsuit for civil damages against the defendant.
Civil battery refers to an intentional tort. The battery of tort requires the existence of the same elements needed for a criminal battery case, but without the criminal intent. The perpetrator only has to touch or make contact with another without permission. The defendant does not have to have an intention to commit a wrongful act or do harm.
Simple and Aggravated Assault
In Georgia, the law allows for several types of assault: simple assault and aggravated assault. Simple assault relates to an attempt to commit a violent injury against another individual or to put the person in a predicament that can cause a significant injury.
Often, if the incident occurs under specific conditions or against certain individuals, such as domestic violence, against a person 65 or older, a pregnant female, or on public transportation, the prosecutor will elevate the charge from a misdemeanor to a felony count of aggravated assault.
Aggravated assault occurs when the perpetrator has the intentions of robbing, raping, or murdering the person. In addition, aggravated assault includes acts carried out with a weapon that can cause significant injury or the discharge of a firearm from a vehicle towards an individual(s).
Contact us today for a free consultation about your battery or assault issue. We are an experience law firm that will fight for your rights and ensure you receive just compensation.