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To: offduty

Is there a defining line between Misdemeanor and Criminal?

Is it blood?


131 posted on 12/28/2018 8:45:08 PM PST by eyedigress ((Old storm chaser from the west))
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To: eyedigress

It’s by statute.

Usually a “simple” assault (misdemeanor) would be someone taking a swing at someone or pushing a person. From there it escalates into (again, I’m not versed in Georgia law) Felonious Assault, Assault with a Deadly Weapon, and upward. It depends on the force used, the injuries received that would determine the severity of the crime.

If I hit you with a fist, you fall and strike your head against a table and suffer a cracked skull, what may have started out as a simple assault has escalated to a felonious assault.

If I hit you with a baseball bat...now I’ve used a weapon and the charges would be more severe. Again, it’s more of a cause and effect thing.


133 posted on 12/28/2018 8:58:08 PM PST by offduty
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To: eyedigress

FWIW...it’s all criminal.

The difference would be between a misdemeanor and a felony. The usual difference is length of incarceration as punishment.

A misdemeanor is usually punishable by up to 1-year imprisonment in a county jail.

A felony is a crime that the defendant could be incarcerated over a year in a state facility.

Hope this makes some sense.


135 posted on 12/28/2018 9:09:09 PM PST by offduty
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