Yes, a threat of physical violence, if made in a credible manner, can still qualify as assault under Georgia law. Under the definition for simple assault, which is a misdemeanor, physical contact is not actually necessary. If the other person reasonably believes that the threat was real and they were about to experience harm, that alone is assault.
The important thing to note in Georgia is that the state also uses battery charges. Many people will conflate the two, but they are different. To be convicted of simple battery, physical contact is needed, but the same is not true for simple assault.
Aggravated assault and aggravated battery
Both of these charges can also be escalated to felonies when they are classified as either aggravated assault or aggravated battery.
For aggravated assault, a weapon, such as a firearm, often needs to be used, or the person needs to suffer serious bodily injury. Intent can also play a role, as it may be aggravated assault if there is intent to rob, rape or murder the other person.
For aggravated battery, serious injury is necessary and must be done both intentionally and maliciously. Examples include significant disfigurement, loss of a limb and other permanent injuries.
Your criminal defense options
People sometimes make the mistake of thinking of assault as a singular charge with one definition. But in Georgia, as you can see, there are actually four different charges that can be used, depending on the circumstances. It is very important to understand exactly what charge you are facing when you are looking into your criminal defense options after an arrest.
