Assault and battery have different legal meanings and definitions in Georgia, even though when the state prosecutor charges an individual with one of these crimes, they often charge the same individual with the other because they can often go hand-in-hand. However, this is not always true.
By definition, assault is the intentional act of causing another person to have a reasonable fear of imminent harm or offensive contact.
In Georgia, physical contact need not occur for an assault to occur. The crime of assault is focused primarily on the threat or fear of harm rather than any actual bodily injury.
Battery is the intentional physical contact or striking of another person without their consent. Unlike the crime of assault, battery requires some form of physical contact to happen. Even minor contact, such as a push or a slap, is enough for a battery charge.
In many cases, both crimes go hand in hand. For example, if a person verbally threatens another and then physically strikes them, the state can charge them with assault and battery. In other cases, these charges can stand alone, so both acts don't need to occur simultaneously or in the same case.
Under Georgia law, assault and battery are misdemeanors unless aggravating factors exist. Certain factors can escalate the charges from simple misdemeanors to aggravated assault or battery, which are often felony charges and carry longer prison sentences.
Even though assault and battery, in many cases, go hand-in-hand, it is critical to understand the differences between the two crimes, any aggravating factors that could make either crime worse and any existing legal defenses.
]]>But did you know that you can be charged with a DUI when you are under the legal limit and perhaps feeling pretty sober? Yes, it is not uncommon for the police to make a false drunk driving arrest. But how exactly can this happen?
Here are two instances when you can be falsely arrested for drunk driving.
To give an accurate recording of your BAC, the breathalyzer equipment must be properly maintained and calibrated. If this does not happen, the device can record a false positive, and this can lead to your DUI arrest. Likewise, the individual administering the test must have proper training and qualification to do so.
The medications and other substances you ingest can also trigger a false-positive outcome. Some of these include asthma medications like salmeterol, albuterol and budesonide. Upon inhalation, these medications are likely to remain in your airways much longer. Mouthwashes and breath sprays that have significant alcohol content can also lead to a false positive.
The consequences of being arrested, charged and convicted of drunk driving can be devastating, to say the least. From fines to jail time and ending up with a criminal record, a DUI conviction can have a lasting impact on your life so you need to explore your legal options and protect your rights.
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