Is Verbal Assault A Crime?

When Do Just Words Become a Crime in Georgia?

In everyday language, people often use terms like verbal assault, verbal harassment, verbal abuse, insulting language, verbal bullying, and verbal threats interchangeably. However, under the law in the state of Georgia, these phrases do not necessarily describe or rise to the level of criminal conduct. The key legal question is not whether speech is rude or offensive, but whether it crosses the line into conduct that the law recognizes as criminal—such as an immediate threat, harassment, or terroristic threats.

If you or someone you know has been the victim of or accused of criminal conduct, it is important to speak with an experienced criminal defense attorney immediately. The experienced defense attorneys at Garland, Samuel & Loeb can provide the necessary legal advice to help you understand your options and protect your future.

Here are some specific examples of when verbal conduct may become criminal under Georgia law, how state courts may handle such cases, and how federal law may apply.

The Difference Between Offensive Speech and Criminal Conduct

The First Amendment to the U.S. Constitution protects a wide range of speech, including speech that may be insulting, promoting violence, and offensive, though it does not always shield abusive behavior. That means verbal abuse, insulting language, generic threats, and verbal bullying are often not crimes by themselves. Courts have repeatedly held that the government cannot punish speech merely because it is rude, hurtful, scary, or offensive.

However, the law draws a firm line when speech involves true and specific threats, harassment, or conduct that places another person in reasonable fear of harm. When speech crosses into these categories, it may lose constitutional protection and become criminal.

To give you an idea, here are some examples of speech that may be unpleasant or inappropriate but are NOT criminal:

• At a crowded MARTA station, someone angrily says: “You’re an idiot—learn how to stand in line.”
  
• During a heated argument outside a bar in Midtown Atlanta, a person yells a conditional threat: "If you don’t back away from me, I’m going to take photos of you and post them online."
• A driver stuck in traffic on I-285 shouts: "You drive like a clown!"
• An insulting comment posted on social media about someone’s outfit or opinions: "John Doe is so ugly and doesn't even know how to dress."

Note: Generally, personal posts on social media about an individual—even if harmful, hurtful, or frightening—are not criminal where the individual is not tagged, and the post is addressed to the public/followers generally and not sent to the individual referenced.

Assault: Verbal Threats of Immediate Harm Under Georgia Law

In Georgia, what people often call “verbal assault” is usually prosecuted as simple assault under OCGA § 16-5-20. A person can commit assault without touching anyone if they place another person in reasonable fear of immediate violent injury. For example:

• During an argument in a parking lot near Lenox Square, someone steps toward another person, raises their fist, and says: "I'm going to punch you in the face right now."
  
• Outside a school event, a parent angrily approaches another and says, "I'm about to knock you out," while walking up to the other person aggressively.

In both situations:

• The thread is immediate
• The behavior supports the threat—meaning that the actions of the person speaking make the victim believe that harm is going to occur
• A reasonable person would feel imminent harm

That combination can make the conduct criminal—even without physical contact—and may lead to formal assault charges.

Terroristic Threats: Threats of Future Harm

Under OCGA § 16-11-37, a person commits a terroristic threat when they threaten violence or harm in the future, with intent to terrorize or disrupt.

Examples in Atlanta: Terroristic Threats

• A person sends a message saying: "I'm going to shoot up your office building in downtown Atlanta tomorrow."
• After being fired from a job in Buckhead, someone texts a former supervisor: "You'll regret this - I'm coming back to burn this place down."
• A student posts online: "There's going to be a bomb at the school next week."

These are not immediate confrontations - but they involve:

• Specific threats of violence
• Future intent
• Serious fear or disruption

That is why they can lead to serious misdemeanor or felony criminal charges and potential jail time, depending on the circumstances.

Harassment: Verbal Harassment and Harassing Communications

Under OCGA § 16-11-39.1, harassment becomes criminal when it involves repeated unwanted communication with intent to harass, threaten, or intimidate, often appearing in cases involving domestic violence.

Examples of Criminal Harassing Communications:

• Someone repeatedly calls and texts an ex-partner dozens of times a day from different numbers, saying: "You can't hide from me."
• A person sends daily threatening messages like: "I'm watching you" or "You're going to pay for this."
• Repeated late-night calls to someone's home in Sandy Springs with the intent to disturb or intimidate
• Repeated social media posts that tag the victim and/or are specifically sent to the victim more than one time: "Hey John Doe, you look horrible in this photo."

A single rude message usually isn’t enough to be criminal conduct, but persistent, targeted communication can cross the legal line.

Stalking and Bullying

Georgia’s stalking law (OCGA § 16-5-90) addresses patterns of behavior that cause fear or emotional distress, including verbal conduct.

Examples of Stalking Through Verbal Conduct

• Someone repeatedly shows up and calls a person who lives near Piedmont Park, saying, "I know where you are. I see you."

• A former acquaintance continuously messages and leaves voicemails over weeks, despite being told to stop, causing the victim to feel unsafe.