OCGA § 16-5-20. 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. Aggravated Assault Penalties & Justifiable Defenses… Facing an aggravated assault charges means that your freedom is on the line. False imprisonment; 16-5-45. O.C.G.A. Kidnapping; 16-5-41. He was 35 years old at the time with a lengthy criminal record. The term great bodily harm is used interchangeably with serious bodily injury, grievous bodily harm, and great bodily injury. Aggravated Assault. (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. 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. 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 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. Exceptions. Aggravated assault is not one of the felony crimes for which a defendant may be tried without an indictment or a written waiver. Aggravated Assault in Georgia: Minimum Prison Time under OCGA 16-5-21 Many people confuse the word "assault" with the term "battery." 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. (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. Aggravated assault can also be committed by assaulting another person “[w]ith a deadly weapon.” OCGA § 16-5-21(a)(2). 12-2) Sec. 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). (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: Search Georgia Code. 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 16-5-90. (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. Ocga Aggravated Assault Aggravated assault is a serious crime in Georgia with potentially significant ramifications. 16-5-93. 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. 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 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. 16-5-24 (2010) 16-5-24. Georgia Law on Aggravated Battery. Actual physical contact does not have to occur for a court to find an assault has occurred. 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. (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 … Aggravated battery; Article 3. 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; Georgia Code Title 16. Aggravated assault also occurs when a person assaults another with a deadly weapon. Aggravated Assault (O.C.G.A. (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. 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. For purposes of this subsection, the term "vehicle" includes without limitation any railcar. 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. 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. (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: 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; 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. court opinions. . This applies whether or not the weapon causes physical injury to anyone. 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 Battery. 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 16-5-92. Aggravated assault; 16-5-23. Exceptions. View Previous Versions of the Georgia Code. 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. Simple battery; 16-5-23.1. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. Learn more about assaults and other crimes at FindLaw's section on Criminal Charges. OCGA aggravated assault is tried as a felony. Actual physical contact does not have to occur for a court to find an assault has occurred. 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. 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. Crimes and Offenses § 16-5-21. 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. Aggravated assault and battery are felonies. Since Bubba Hurt died, he obviously will not serve any time. Words can be enough. 2903.12 Aggravated assault. 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. An aggravated assault charge is considered a felony in Georgia. . Ocga Aggravated Assault. (4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. Aggravated assault . What is Aggravated Assault? (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. The following table highlights the main provisions of the Georgia's Assault and Battery Laws. Stalking. Free Newsletters If the offender is found guilty, the minimum sentence is a one-year jail term, and the maximum penalty is twenty years in prison. (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. OCGA § 16-5-21(a)(1) and (2). National Disability Benefits, All Right Reserved national-disability-benefits.org. (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: 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. He appealed a jointly recommended sentence of 7 years. Ocga Aggravated Assault. 12-2. (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. § 16-5-21) Aggravated assault is a felony in Georgia and involves a little more than a regular assault. Interference with custody; Article 7. Search by Keyword or Citation; Search by Keyword or Citation . §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. (720 ILCS 5/12-2) (from Ch. If convicted, a person can be punished by imprisonment for up to 20 years and not less than one year and/or significant probation. This sentence comes with not less than one and not more than twenty years in prison, fines, and restitution. 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. Related post authors include: Disability Back Pay. Kidnapping, False Imprisonment, and Related Offenses. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Aggravated Assault: O.C.G.A §16-5-21. Tweet. The offender pleaded guilty to two counts of aggravated assault and one count of assault with a weapon. (Ga. Code Ann. Related post authors include: However, Georgia code categorizes these serious offenses as “Crimes Against the Person.” Cancel « Prev. If the offender is found guilty, the minimum sentence is a one-year jail term, and the maximum penalty is twenty years in prison. (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. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is f… OCGA § 16-5-21 (a) (2) (2013). 38, par. Under OCGA § 16-5-21 (a) (2), a person commits the offense of aggravated assault when “he or she assaults . 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 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 … 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. 16-5-40. 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. 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. 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. 16-5-92. Aggravated domestic assault differs from ordinary aggravated assault, in that it refers to the act of infli… 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 … 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. § 16-5-21). featuring summaries of federal and state (a) Offense based on location of conduct. What is the punishment for aggravated assault? If you're facing charges of aggravated assault in Georgia, contact Criminal Defense Matters right now to discuss your case with an experienced lawyer. See OCGA § 16-5-21[ (b) ]. OCGA § 16-5-21(a)(1). Related post authors include: Disability Back Pay. 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. Victims entitled to notice of release from custody of person arrested for and charged with stalking or aggravated stalking; 16-5-94. O.C.G.A. The law governing aggravated assault is detailed in Official Code of Georgia, Annotated or OCGA § 16-5-21. 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." 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. 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. 16-5-91. 2019 Georgia Code Title 16 - Crimes and Offenses Chapter 5 - Crimes Against the Person Article 2 - Assault and Battery § 16-5-21. A little more than twenty years in prison, fines, and restitution Justifiable Facing! Governing aggravated assault is detailed in Official Code of Georgia causes physical injury to someone else by... ( a ) ( 2 ) ( 1 ) is if someone attempts to commit violent. 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