Difference Between Criminal and Civil Assault in Georgia

February 8, 2024

Assault is a serious crime that can result in severe consequences. In Georgia, assault is categorized into two types: criminal assault and civil assault. While both are considered legal offenses, they differ in several ways. Understanding the difference between these two types of assault can help you determine your rights as a victim or defendant.



In this blog post, we'll explore what criminal and civil assault mean, how they differ from each other, and what outcomes they entail. We'll also discuss how an attorney can assist you in navigating through these complexities.


What is criminal assault?

Criminal assault is defined as intentionally causing harm to another person without their consent. This type of assault is considered a crime against the state and can result in criminal charges. The severity of the charges depends on various factors such as the extent of harm inflicted, whether a weapon was used or not, and if there was any premeditation involved. The possible penalties for criminal assault include fines, imprisonment, probation, community service, and mandatory therapy.


What is civil assault?

Civil assault refers to any intentional act that causes another person to fear imminent physical harm or offensive contact. Unlike criminal assault that involves state prosecution, civil lawsuits are filed by individuals seeking monetary damages for injuries suffered as a result of the defendant's actions. To prove civil assault claims in Georgia, plaintiffs must demonstrate that the defendant acted intentionally or recklessly with full knowledge of their actions' potential harm.


Do they have the same outcomes?

No. The main difference between criminal and civil assaults lies in their outcomes. Criminal cases aim to punish offenders by imposing fines or incarceration while prioritizing public safety over individual compensation for victims. On the other hand, civil lawsuits seek to compensate victims financially for losses incurred due to another party's actions.


How can an attorney help me?

An experienced attorney can provide invaluable assistance to both victims and defendants in assault cases. They can help victims understand their legal rights and options, including filing a civil lawsuit for damages. Attorneys can also represent defendants in criminal cases, negotiating plea bargains or fighting charges on their behalf.


In conclusion, understanding the difference between criminal and civil assault is crucial in navigating Georgia's legal system. Victims of assault need to know their rights and legal options, while individuals facing criminal charges must have competent representation. Consulting an experienced attorney can help you protect your interests and achieve the best possible outcome under the law.

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