Search Georgia Code. The first way is if someone attempts to commit a violent injury to someone else. Aggravated Assault Penalties & Justifiable Defenses… Facing an aggravated assault charges means that your freedom is on the line. O.C.G.A. Georgia Code Title 16. OCGA aggravated assault is tried as a felony. 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. Interference with custody; Article 7. (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 … Under OCGA § 16-5-21 (a) (2), a person commits the offense of aggravated assault when “he or she assaults . Aggravated assault is a serious offense and constitutes a felony. Learn more about assaults and other crimes at FindLaw's section on Criminal Charges. Aggravated assault and battery are felonies. Related post authors include: Disability Back Pay. Aggravated domestic assault differs from ordinary aggravated assault, in that it refers to the act of infli… 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 … If you're facing charges of aggravated assault in Georgia, contact Criminal Defense Matters right now to discuss your case with an experienced lawyer. For purposes of this subsection, the term "vehicle" includes without limitation any railcar. Aggravated Assault in Georgia: Minimum Prison Time under OCGA 16-5-21 Many people confuse the word "assault" with the term "battery." 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 … Use of a deadly weapon during an assault constitutes aggravated assault. 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. Stalking; 16-5-91. Aggravated Battery. (h) Aggravated assault with a deadly weapon. 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. O.C.G.A. Georgia Law on Aggravated Battery. 2019 Georgia Code Title 16 - Crimes and Offenses Chapter 5 - Crimes Against the Person Article 2 - Assault and Battery § 16-5-21. 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. 16-5-93. The following table highlights the main provisions of the Georgia's Assault and Battery Laws. § 16-5-21(a)(2) Just to recap from earlier, an aggravated assault can be committed in two ways. 16-5-90. Crimes and Offenses § 16-5-21. 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; OCGA § 16-5-21(a)(1) and (2). OCGA Aggravated Assault Aggravated assault is a serious offense in the state of Georgia. 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. (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. (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: Exceptions. 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. 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. He appealed a jointly recommended sentence of 7 years. (a) Offense based on location of conduct. 16-5-20 (2010) 16-5-20. 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. Tweet. (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. (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. OCGA § 16-5-21(a)(1). featuring summaries of federal and state 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. 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. (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. Simple Battery: O.C.G.A §16-5-23. 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. 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." Aggravated stalking. at (404) 567-5515 to speak with one of our criminal lawyers near me about your felony offenses. Georgia may have more current or accurate information. Free Newsletters 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. However, Georgia code categorizes these serious offenses as “Crimes Against the Person.” What is Aggravated Assault? Cancel « Prev. Related post authors include: Aggravated assault is an assault which criminal laws punish more severely due to its seriousness. Ocga Aggravated Assault. If you have recently been charged with an OCGA Aggravated Assault, Simple Assault, or Battery charges call the law firm of Kohn & Yager, LLC. 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. He was 35 years old at the time with a lengthy criminal record. 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; 12-2) Sec. Words can be enough. OCGA § 16-5-20. The term great bodily harm is used interchangeably with serious bodily injury, grievous bodily harm, and great bodily injury. Battery; 16-5-24. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. OCGA § 16-5-21 (a) (2) (2013). View Previous Versions of the Georgia Code. 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. Kidnapping, False Imprisonment, and Related Offenses. 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. 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. See OCGA § 17–7–70(a). (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. What is assault as defined in OCGA 16-5-20? Aggravated Assault: O.C.G.A §16-5-21. Disclaimer: These codes may not be the most recent version. 2903.12 Aggravated assault. What is Aggravated Assault? (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. 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. Actual physical contact does not have to occur for a court to find an assault has occurred. 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 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 (4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. Aggravated assault . The son and wife were left with serious injuries. §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 assault also occurs when a person assaults another with a deadly weapon. 16-5-93. (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: 16-5-92. Aggravated battery; Article 3. If the offender is found guilty, the minimum sentence is a one-year jail term, and the maximum penalty is twenty years in prison. We see it happening more and more often: Battery-Family Violence charges being upgraded to Aggravated Assault-Strangulation. 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. 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. court opinions. You'll need a tough legal advocate working on your behalf to minimize fines and jail time; we can provide the defense you need. 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. § 16-5-21). (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. Related post authors include: Disability Back Pay. See OCGA § 16-5-21[ (b) ]. What is the punishment for aggravated assault? 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. Simple battery; 16-5-23.1. 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. Ocga Aggravated Assault. The offender pleaded guilty to two counts of aggravated assault and one count of assault with a weapon. 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. 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). This applies whether or not the weapon causes physical injury to anyone. Since Bubba Hurt died, he obviously will not serve any time. (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. 16-5-40. Restraining orders, protective orders, and approval of consent orders to prevent recurrence of stalking; 16-5-95. 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. Search by Keyword or Citation; Search by Keyword or Citation . Subscribe to Justia's Aggravated assault is not one of the felony crimes for which a defendant may be tried without an indictment or a written waiver. National Disability Benefits, All Right Reserved national-disability-benefits.org. Please check official sources. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. 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