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When does a bar brawl become assault and battery?

On Behalf of | Nov 22, 2024 | Criminal Defense |

Getting into a bar fight can be scary, especially if you’re charged with assault and battery. Knowing how Georgia law defines these charges can help you handle your situation better.

Assault vs. Battery

In Georgia, assault and battery are different. Assault happens when you threaten to harm someone. The threat must make the person fear getting hurt. Assault does not need physical contact.

Battery, on the other hand, involves actual physical contact. It’s when you use force or violence against someone on purpose.

When a bar fight escalates

A bar fight can turn into assault and battery for several reasons:

  • You had the intention to hurt someone.
  • You used weapons like bottles or chairs.
  • You caused severe injuries.

Knowing these factors can help you understand why you might face more severe charges. You might face lesser charges or even avoid it altogether if you prove you acted in self-defense. However, you must prove that you reasonably believed you were in imminent danger and used only necessary force to protect yourself.

Legal consequences

Simple assault and battery are misdemeanors in Georgia. You could spend up to a year in jail and pay up to $1,000 in fines. Aggravated assault and battery are felonies with harsher penalties.

What to do if charged

If you’re charged with assault and battery:

  • Consider getting a lawyer.
  • Collect evidence about the incident.

These steps can help you handle the situation and prepare your defense.

It’s tough to face assault and battery charges after a bar fight. Understanding the law and taking action can help. Always get professional legal advice to protect your rights.

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