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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12400
Experience:  Experienced in multiple areas of the law.
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Long story short I met with my association property manager

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Long story short: I met with my association property manager and provided valid reasons why I believed her to be incompetent and suggested she take some classes. Because of a previous dealing with her over our HOA elections, I recorded this conversation with her knowledge. During the conversation, I did not threaten her, cuss her, or even raise my voice. She is now saying she "felt" threatened, and is attempting to file an assault case. Is there any possible merit to her claim?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 6 years ago.
Good afternoon, thank you for your question. Sorry to hear of your circumstances. I'm always amazed at what people will come up with.

This has no merit. In Georgia, a simple assault is defined as attempting to commit a violent injury to another person, or putting someone in a situation where it is reasonable that they will receive a violent injury. It's a misdemeanor.

Based on the facts you've provided,there was nothing that would put her in fear or provide a reasonable expectation that you intended to do her injury. She suffered no injuries or trauma, and if she went to the police, I'm not sure how seriously they would take her claim.

Assuming the worst case scenario (and I think this is a long shot) that the police believe her and decide to just arrest you without even talking to you first, a prosecutor still gets to make the final decision whether to press charges against a person. And, once they hear the recorded conversation, and see that there was incident, the case would be dismissed.

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