(1) Attempts to commit a violent injury to the person of another (attempted battery), or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. O.C.G.A. 16-5-20(a). Opprobrious or abusive language is a defense. O.C.G.A. 16-5-25.41
Attempted battery type requires intent to injure. Test is, was there a present purpose of doing bodily injury? Watkins v. State, 254 Ga. 267 (1985) (innocent contact is not intent to injure); Godboult v. State, 38 Ga. App. 137 (1928). Threats alone are not sufficient, requires an act constituting a substantial step toward the commission of a battery. Lewis v. State, 253 Ga. App. 578 (2002).1230347
Apprehension type requires intent to commit the acts which caused the victim to be apprehensive. Flores v. State, 277 Ga. 780 (2004). Apprehension type complete if a demonstration of violence, coupled with an apparent ability (not actual present ability) to inflict injury so as to cause the person reasonably to fear the injury unless he retreats to secure his safety. Thomas v. State, 99 Ga. 38 (1896). Proof of apprehension may be inferred from the conduct of the victim such as when he retreats to secure his safety. Bearden v. State, 291 Ga. App. 805 (2008). Apprehension is not the same as fear. Bates v. State, 275 Ga. 862 (2002).
Misdemeanor. O.C.G.A. 16-5-20(b).
Victim 65 yrs. old or older, public transit vehicle or station, family member (except corporal punishment or against siblings), public school employee, or pregnant woman, then High and Aggravated Misdemeanor. Id. at (c-g).
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