Accordingly, the State was only authorized to try Martinez by accusation on the aggravated assault charge if Martinez waived indictment by the grand jury in writing. 12-2. Georgia may have more current or accurate information. Aggravated assault is defined under the official code of Georgia at 16-5-21 as an assault with the intent to murder, rape, or rob with a deadly weapon or any object which was used offensively against another person and could have resulted in serious bodily injury or strangulation. (720 ILCS 5/12-2) (from Ch. Aggravated Battery: O.C.G.A §16-5-24. 16-5-93. Aggravated assault is an assault which criminal laws punish more severely due to its seriousness. Exceptions. House Bill 911, which added language to the existing aggravated assault statute to make strangulation a felony offense, was signed into law by Governor Deal on April 24, 2014.This legislation enables law enforcement to charge strangulation as a felony assault and allows prosecutors to prosecute this crime more successfully and seek a sentence that reflects the seriousness of this offense. (f) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. § 16-5-21). An assault is a criminal offense resulting from the intentional actions taken by a defendant to cause a fear of imminent harm to the victim. By law, aggravated battery is defined as committing a malicious act that results in the victim either actually losing or losing the use of a limb or body part, or being disfigured in some way. If the offender is found guilty, the minimum sentence is a one-year jail term, and the maximum penalty is twenty years in prison. Exceptions. This means that the person originally arrested for a misdemeanor, can now be facing not only the misdemeanor of Battery-Family Violence, but also the serious offense of Aggravated Assault by Strangulation. Tweet. Aggravated assault; 16-5-23. Cancel « Prev. (4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. Related post authors include: Simple Battery: O.C.G.A §16-5-23. You'll need a tough legal advocate working on your behalf to minimize fines and jail time; we can provide the defense you need. 38, par. Under OCGA § 16-5-21 (a) (2), a person commits the offense of aggravated assault when “he or she assaults . 16-5-93. . Penalties for Aggravated Assault in Georgia. Georgia Code § 16-5-20 - Simple Assault (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or ... be punished for a misdemeanor of a high and aggravated nature. Free Newsletters Aggravated Battery. at (404) 567-5515 to speak with one of our criminal lawyers near me about your felony offenses. (Ga. Code Ann. What is Aggravated Assault? Search Georgia Code. (b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years. Aggravated assault . An assault is a criminal offense resulting from the intentional actions taken by a defendant to cause a fear of imminent harm to the victim. National Disability Benefits, All Right Reserved national-disability-benefits.org. (h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. Aggravated Assault Aggravated assault, a felony in Georgia, is an assault that is committed: with the intent to rob, rape or murder with a deadly weapon or any object that can be or is used in a manner that results in serious bodily injury or strangulation, or Aggravated assault, a felony in Georgia, is an assault that is committed: with the intent to rob, rape or murder; with a deadly weapon or any object that can be or is used in a manner that results in serious bodily injury or strangulation, or; by discharging a firearm from a vehicle. An aggravated assault charge is considered a felony in Georgia. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is f… Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. The following table highlights the main provisions of the Georgia's Assault and Battery Laws. However, Georgia code categorizes these serious offenses as “Crimes Against the Person.” The language of OCGA aggravated battery begins with: "A person commits the offense of aggravated battery Georgia when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body." Aggravated stalking. Simple assault (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. Actual physical contact does not have to occur for a court to find an assault has occurred. OCGA § 16-5-21(a)(1) and (2). The son and wife were left with serious injuries. (c) (1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows: If you've been denied disability back pay you were due, National Disability Benefits may be able to help you get what's coming to you. View Previous Versions of the Georgia Code. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this subsection, the term "vehicle" includes without limitation any railcar. Aggravated assault can also be committed by assaulting another person “[w]ith a deadly weapon.” OCGA § 16-5-21(a)(2). After being assaulted by one of his children, the offender struck his wife, son and niece with a pipe. OCGA § 16-5-21(a)(1). 2010 Georgia Code TITLE 16 - CRIMES AND OFFENSES CHAPTER 5 - CRIMES AGAINST THE PERSON ARTICLE 2 - ASSAULT AND BATTERY § 16-5-24 - Aggravated battery O.C.G.A. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Georgia Code § 16-5-21 - Aggravated Assault (a) As used in this Code section, the term "strangulation" means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person. This sentence comes with not less than one and not more than twenty years in prison, fines, and restitution. Ocga Aggravated Assault. Section 16-5-21 of the Georgia Code defines aggravated assault as using a weapon or any type of object or device during an assault with the intent to rob, rape, or murder, and also includes pointing and discharging a gun either at or towards another person. (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. 16-5-24 (2010) 16-5-24. Ocga Aggravated Assault. featuring summaries of federal and state Aggravated Assault: O.C.G.A §16-5-21. (h) Aggravated assault with a deadly weapon. Aggravated assault also occurs when a person assaults another with a deadly weapon. §16-5-24, A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. (e) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. See Assault and Battery Defenses, Assault and Battery Penalties and Sentencing, Other Crimes Against Persons and Assault and Battery as a Tort for more information. Ocga Aggravated Assault Aggravated assault is a serious crime in Georgia with potentially significant ramifications. OCGA § 16-5-20. (a) Offense based on location of conduct. Simple assault (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or As a result of a charge of aggravated assault, Georgia Code Section O.C.G.A §16-5-24 states that the three should be charged with a felony. Stalking. (C) When such assault occurs only involving the use of the person's body, by imprisonment for not less than five nor more than 20 years. Interference with custody; Article 7. The term great bodily harm is used interchangeably with serious bodily injury, grievous bodily harm, and great bodily injury. (A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly: Aggravated assault and battery are felonies. Related post authors include: Disability Back Pay. OCGA Aggravated Assault GA Charges Require a Georgia Lawyer By: Larry Kohn, Cory Yager and William Head, at an award-winning Criminal Defense Attorney Law Firm Assault and Battery crimes are often trivialized. (i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years. Great bodily harm also refers to the infliction of any injury that creates a substantial risk of death. Georgia Code § 16-5-21 - Aggravated Assault (a) As used in this Code section, the term "strangulation" means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person. False imprisonment; 16-5-45. Learn more about assaults and other crimes at FindLaw's section on Criminal Charges. It goes further to connect the first phrases to "by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof." Disclaimer: These codes may not be the most recent version. Aggravated assault is a serious offense and constitutes a felony. 2019 Georgia Code Title 16 - Crimes and Offenses Chapter 5 - Crimes Against the Person Article 2 - Assault and Battery § 16-5-21. court opinions. Use of a deadly weapon during an assault constitutes aggravated assault. Under OCGA § 16-5-21, a person commits the offense of aggravated assault when he or she commits: Assault w ith intent to murder, to rape, or rob Assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person or persons, is likely to or does result in serious bodily injury Please check official sources. Given the harsher penalties associated with violent felonies, it is imperative to seek a Georgia criminal defense attorney early on who can evaluate the case and immediately begin building the defense. Aggravated Assault. 16-5-92. (1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows: 16-5-92. Simply put, battery comes from an actual touching or making contact, and assault is limited to situations where words, … OCGA Aggravated Assault Aggravated assault is a serious offense in the state of Georgia. § 16-5-21(a)(2) Just to recap from earlier, an aggravated assault can be committed in two ways. Nelson's testimony that Anderson pointed a gun at his head, while attempting to gain control of his vehicle sufficed to prove both counts of aggravated assault. 2903.12 Aggravated assault. No actual physical touching is necessary to violate the law. Georgia Law on Aggravated Battery. (k) A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. It states that in Georgia, aggravated assault is an assault or an attempt or threat of assault with the intent to murder, rape, or rob another person. This applies whether or not the weapon causes physical injury to anyone. Restraining orders, protective orders, and approval of consent orders to prevent recurrence of stalking; 16-5-95. O.C.G.A. See OCGA § 17–7–70(a). Elements of Aggravated Assault: To obtain conviction, the prosecutor must prove the elements of aggravated assault which include: 1) an assault on a person as defined in OCGA 16-5-20, and 2) the presence of any of the statutory aggravators enumerated in OCGA 16-5-21 (b). (1) A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows: (A) When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years and shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; (B) When such assault does not involve the discharge of a firearm by a person who is at least 17 years of age, and does not involve only the use of the person's body, such person shall be punished by imprisonment for not less than five nor more than 20 years and, for persons who are at least 17 years of age, shall be sentenced to a mandatory minimum term of imprisonment of three years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; or. Kidnapping, False Imprisonment, and Related Offenses. OCGA § 16-5-20. (g) Except as provided in subsection (c) of this Code section, a person convicted of an offense described in paragraph (4) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years. He was 35 years old at the time with a lengthy criminal record. Factors which raise an assault to an aggravated assault typically include the use of a weapon, the status of the victim, the intent of the perpetrator, and the degree of injury caused. The law governing aggravated assault is detailed in Official Code of Georgia, Annotated or OCGA § 16-5-21. The severity of injuries or bodily harm that a defendant caused to the victim often determines the penalty if the defendant is convicted in a trial. These terms refer to injuries that cause extreme physical pain, unconsciousness, serious or permanent injury or disfigurement, or long-term loss of function of any organ or body part. Georgia Code Title 16. What is Prohibited: Simple Assault: Attempting to commit a violent injury on someone else or putting them in a situation where it’s reasonable they can be injured in such a manner. Aggravated battery; Article 3. OCGA § 16-5-21 (a) (2) (2013). Aggravated Assault with a Deadly Weapon or With any Object, Device, or Instrument Which, When Used Offensively is Likely to, or Does Cause Serious Bodily Injury - O.C.G.A. If you're facing charges of aggravated assault in Georgia, contact Criminal Defense Matters right now to discuss your case with an experienced lawyer. Aggravated assault has two elements: (1) commission of a simple assault as defined by OCGA § 16-5-20 [a]2; and (2) the presence of one of three statutory aggravators. 16-5-40. Aggravated Assault Penalties & Justifiable Defenses… Facing an aggravated assault charges means that your freedom is on the line. If convicted, a person can be punished by imprisonment for up to 20 years and not less than one year and/or significant probation. National Disability Benefits, All Right Reserved national-disability-benefits.org. Aggravated assault is not one of the felony crimes for which a defendant may be tried without an indictment or a written waiver. Georgia Law on Aggravated Battery. What is Aggravated Assault? Aggravated assault Universal Citation: GA Code § 16-5-21 (2016) (a) As used in this Code section, the term "strangulation" means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by … See OCGA § 17–7–70.1(a)(1). Aggravated Assault (O.C.G.A. Simple Assault occurs when an attempt is made to commit a violent injury to the person of another OR commit an act which places another in reasonable apprehension of immediate receipt of a violent injury. What is assault as defined in OCGA 16-5-20? Aggravated stalking. See OCGA § 16-5-21[ (b) ]. (2) A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. OCGA Aggravated Assault under GA Code 16-5-21 OCGA Aggravated Assault GA Charges Require a Georgia Lawyer Simple Battery: Misdemeanor Battery Georgia Lawyer Near Me We see it happening more and more often: Battery-Family Violence charges being upgraded to Aggravated Assault-Strangulation. If you've been denied disability back pay you were due, National Disability Benefits may be able to help you get what's coming to you. Simple assault (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. OCGA §16-5-21(a)(1) Brief Description Aggravated assault Statutory Language (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively Aggravated assault. (3) As used in this subsection, the term "firearm" means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. What is the punishment for aggravated assault? 16-5-20 (2010) 16-5-20. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Related post authors include: Disability Back Pay. 16-5-90. OCGA aggravated assault is tried as a felony. Search by Keyword or Citation; Search by Keyword or Citation . Aggravated Assault in Georgia: Minimum Prison Time under OCGA 16-5-21 Many people confuse the word "assault" with the term "battery." The Official Code of Georgia Annotated (OCGA) 16-5-21 (b) states that a person commits the offense of aggravated assault when he or she assaults: With intent to murder, to rape, or to rob; Subscribe to Justia's If you are charged with Aggravated Assault by Strangulation, you will be prosecuted by the District Attorney’s office in Superior Court and the stakes are certainly higher. Kidnapping; 16-5-41. (d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by … Words can be enough. A person commits an aggravated assault or assault and battery upon an individual with a disability if, in the course of the assault or assault and battery, that person does any of the following: (1) Uses a deadly weapon or other means of force likely to inflict serious injury or serious damage to an individual with a disability. 16-5-91. The law governing aggravated assault is detailed in Official Code of Georgia, Annotated or OCGA § 16-5-21. Stalking; 16-5-91. . 2010 Georgia Code TITLE 16 - CRIMES AND OFFENSES CHAPTER 5 - CRIMES AGAINST THE PERSON ARTICLE 2 - ASSAULT AND BATTERY § 16-5-20 - Simple assault O.C.G.A. 12-2) Sec. (j) Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. O.C.G.A. Simple battery; 16-5-23.1. If you have recently been charged with an OCGA Aggravated Assault, Simple Assault, or Battery charges call the law firm of Kohn & Yager, LLC. The first way is if someone attempts to commit a violent injury to someone else. Actual physical contact does not have to occur for a court to find an assault has occurred. The offender pleaded guilty to two counts of aggravated assault and one count of assault with a weapon. Victims entitled to notice of release from custody of person arrested for and charged with stalking or aggravated stalking; 16-5-94. OCGA aggravated assault is tried as a felony. Georgia Code § 16-5-20 - Simple Assault (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. §16-5-24, A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof. Aggravated battery also a felony, is listed under Section 16-5-24 of the Georgia Code, and while it involves the same types of penalties as aggravated assault, the actual crime itself is somewhat different. If the offender is found guilty, the minimum sentence is a one-year jail term, and the maximum penalty is twenty years in prison. (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; (3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or. Aggravated domestic assault differs from ordinary aggravated assault, in that it refers to the act of infli… Under Georgia assault and battery laws, a person can be charged with aggravated assault when he or she assaults: With intent to murder, to rape, or to rob; He appealed a jointly recommended sentence of 7 years. See OCGA § 16-5-21 (a) (2) (defining particular aggravated assault alleged by State in the indictment). It states that in Georgia, aggravated assault is an assault or an attempt or threat of assault with the intent to murder, rape, or rob another person. Crimes and Offenses § 16-5-21. An assault that occurs without the involvement of a weapon will likely be charged as an aggravated battery. Tweet. Since Bubba Hurt died, he obviously will not serve any time. Aggravated battery (a) A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a … Battery; 16-5-24. A person commits an aggravated assault or assault and battery upon an individual with a disability if, in the course of the assault or assault and battery, that person does any of the following: (1) Uses a deadly weapon or other means of force likely to inflict serious injury or serious damage to an individual with a disability. Contact our legal team for free. § 16-5-21) Aggravated assault is a felony in Georgia and involves a little more than a regular assault. Whether or not the weapon causes physical injury to someone else in addition, be subject to sentencing. Assault aggravated assault and Battery Laws freedom is on the line will likely be charged as an Battery. Me about your felony offenses a pipe [ ( b ) ] likely be charged an... For a court to find an assault has occurred 4 ) a person or persons without legal justification discharging... Of assault with a pipe by imprisonment for up to 20 years and not less than one year significant. 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