The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
In Georgia, assault is defined under the Official Code of Georgia Annotated (O.C.G.A.) §16-5-20 as an act that places another person in reasonable apprehension of immediately receiving a violent injury. This definition aligns with the general concept of assault as the fear or apprehension of harm, rather than the harm itself. The crime of assault in Georgia does not require physical contact; the mere threat or attempt, if perceived as imminent, can constitute assault. It is important to distinguish assault from battery in Georgia, as battery (O.C.G.A. §16-5-23) involves actual physical contact, where someone intentionally causes substantial physical harm or visible bodily harm to another. Assault can be charged as a misdemeanor, but certain circumstances, such as assaulting a person over the age of 65 or a pregnant woman, can elevate the charge to a high and aggravated misdemeanor or even a felony, depending on the specifics of the case and the presence of aggravating factors.