It is probably charged as assault or bullying, but that will be up to the prosecutor and it is hard to guess from here.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
I don't practice in GA, but in my state, KY, the 18 year old adult would he charged with Assault IV, a class A misdemeanor carrying up to 12 months in jail, a max. fine of $500.00, plus court costa of approx. $135.00. He could also be charged with Terroristic Threating, another class A misdemeanor. Depending on all the facts, if it is the 18 year olds first offense, he will probably receive a probated jail sentence in adult court. Maybe counseling. If he has a prior record, more serious consequences.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
A simple assault charge in Georgia is a misdemeanor. If the 18 year old has no prior encounters with the police, he will likely be offered pre-trial diversion, where he would probably have to do anger management classes, community service, and pay court costs and the charge would be dismissed.
Under the facts that you've given, a felony cruelty to children charge is highly unlikely and the misdemeanor charge is not applicable to this situation.
It's possible a prosecutor might do that. But anyone here would be guessing. The prosecutor is the only person who can tell you what he plans to do in the case.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.