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. §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. What is assault as defined in OCGA 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. Ocga Aggravated Assault. Aggravated Assault in Georgia: Minimum Prison Time under OCGA 16-5-21 Many people confuse the word "assault" with the term "battery." 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 Penalties & Justifiable Defenses… Facing an aggravated assault charges means that your freedom is on the line. Battery; 16-5-24. 12-2. Exceptions. O.C.G.A. Simply put, battery comes from an actual touching or making contact, and assault is limited to situations where words, … Ocga Aggravated Assault. 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 OCGA § 16-5-21(a)(1). He appealed a jointly recommended sentence of 7 years. Related post authors include: Disability Back Pay. If the offender is found guilty, the minimum sentence is a one-year jail term, and the maximum penalty is twenty years in prison. (4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. 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. Interference with custody; Article 7. After being assaulted by one of his children, the offender struck his wife, son and niece with a pipe. 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. (720 ILCS 5/12-2) (from Ch. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is f… (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. Aggravated assault also occurs when a person assaults another with a deadly weapon. (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. 16-5-93. 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. (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. The law governing aggravated assault is detailed in Official Code of Georgia, Annotated or OCGA § 16-5-21. Aggravated stalking. (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. (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. 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. (a) Offense based on location of conduct. What is the punishment for 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. 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. The son and wife were left with serious injuries. 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. 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 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. 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. 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. Georgia Law on Aggravated Battery. Actual physical contact does not have to occur for a court to find an assault has occurred. The first way is if someone attempts to commit a violent injury to someone else. 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. OCGA Aggravated Assault Aggravated assault is a serious offense in the state of Georgia. 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 If the offender is found guilty, the minimum sentence is a one-year jail term, and the maximum penalty is twenty years in prison. Since Bubba Hurt died, he obviously will not serve any time. OCGA § 16-5-20. Crimes and Offenses § 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." View Previous Versions of the Georgia Code. Use of a deadly weapon during an assault constitutes aggravated assault. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. 16-5-92. 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. Search Georgia Code. Aggravated Assault. Related post authors include: Georgia Law on Aggravated Battery. (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. Aggravated assault; 16-5-23. Tweet. (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. Please check official sources. 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. 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 Aggravated assault can also be committed by assaulting another person “[w]ith a deadly weapon.” OCGA § 16-5-21(a)(2). For purposes of this subsection, the term "vehicle" includes without limitation any railcar. featuring summaries of federal and state OCGA § 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. Victims entitled to notice of release from custody of person arrested for and charged with stalking or aggravated stalking; 16-5-94. Aggravated Assault (O.C.G.A. Aggravated stalking. Simple battery; 16-5-23.1. What is Aggravated Assault? OCGA § 16-5-21(a)(1) and (2). Penalties for Aggravated Assault in Georgia. See OCGA § 17–7–70.1(a)(1). 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. See OCGA § 16-5-21 (a) (2) (defining particular aggravated assault alleged by State in the indictment). 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; Actual physical contact does not have to occur for a court to find an assault has occurred. 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. Georgia may have more current or accurate information. Ocga Aggravated Assault Aggravated assault is a serious crime in Georgia with potentially significant ramifications. The law governing aggravated assault is detailed in Official Code of Georgia, Annotated or OCGA § 16-5-21. Kidnapping, False Imprisonment, and Related Offenses. (h) Aggravated assault with a deadly weapon. 16-5-40. (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. 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