In Georgia, assault and battery are treated as crimes against the State rather than private disputes, which is why it is the government—not the victim—that brings criminal charges. When an incident occurs, the victim can report it and provide evidence, but only law enforcement and prosecutors have the legal authority to initiate criminal proceedings. Police officers investigate the situation, determine whether probable cause exists, and may make an arrest or submit a warrant application. After that, the case is forwarded to the District Attorney or Solicitor-General, who reviews the evidence and decides whether to file charges, what charges to file, and whether the case will move forward. Even if a victim later decides they no longer want the case to proceed, they cannot “drop” criminal charges because the decision belongs exclusively to the prosecutor. This system reflects the principle that crimes disrupt public order and are therefore enforced on behalf of the State of Georgia. Victims still have rights—such as being notified of case developments and providing input under Georgia’s Crime Victims’ Bill of Rights—but they do not control the prosecution or determine whether charges are filed or dismissed.

Here is an example:

Sam and Jordan get into an argument outside a restaurant in Fulton County. During the confrontation, Jordan shoves Sam hard enough to knock him backward. Sam calls 911, and officers from the Atlanta Police Department arrive. After speaking with both parties and a witness who saw the shove, the officers determine that there is probable cause to believe Jordan committed simple battery under Georgia law. The officers arrest Jordan and file an incident report.

The next day, the case is forwarded to the Solicitor-General’s Office, which handles misdemeanor prosecutions. A prosecutor reviews the police report and the witness statements and decides to formally charge Jordan with simple battery. Sam is notified of the case status, but he does not decide what charges are filed. A week later, Sam contacts the prosecutor and says he doesn’t want Jordan to “get in trouble.” The prosecutor explains that although Sam’s wishes will be considered, the State—not Sam—controls the case, and the charge will move forward because the evidence is sufficient and the conduct meets the definition of a criminal offense. The case proceeds as State of Georgia v. Jordan, illustrating how criminal charges belong to the State regardless of the victim’s preferences.

 

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