Week8
Assault
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Assignment #3
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Task
Rubric
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CRJ 105 – Crime and Criminal Behavior
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Scenario
Case Number: 1111111
Date:
13 August 2016
Reporting Officer:
Colt Winchester
Incident Type: Crime Against the Person
Address of Occurrence: 111 Felony Drive, Happy Town, GA 15486
Witnesses:
Alan Skittles: Store owner. Male, 43, Latino
Michael Smith: Employee. Male, 21, African American
Andrea Sianturi: Customer. Female, 27, Asian American
Weapon/Objects Used: Umbrella / Shoe
On August 16, 2016, at approximately 20:43, officers responded to 111 Felony Drive in regards
to a white male bleeding from his face. The victim, Samuel Clark, was friends with a female,
Summer Breeze, who lived at 111 Misdemeanor Lane. Mr. Clark was walking to Ms. Breeze’s
residence approximately one block east of Mr. Clark’s residence. As Samuel Clark turned the
corner, he observed two white men approaching him. A witness, Alan Skittles, identified the
two men as Bubba Hurt and Skeeter Redrum. Both Bubba Hurt and Skeeter Redrum began
yelling at Samuel Clark for him to leave Summer Breeze alone and that it was the “last time he
put his hands on her.” It began to rain so Samuel Clark opened his umbrella and continued to
walk north on Felony Drive. Bubba Hurt shoved Samuel Clark from behind causing Samuel Clark
to fall to the sidewalk. When Samuel Clark began to pick himself up from the sidewalk Skeeter
Redrum kicked Samuel Clark in the face causing Samuel Clark to fall onto the street. While
Samuel Clark was lying on his back in the street Bubba Hurt began to kick Samuel Clark. In
response, Samuel Clark grabbed his umbrella and swung, hitting Bubba Hurt in his eye. As
Samuel Clark stood up Summer Breeze hit Samuel Clark in the side of his head with her shoe
rendering Samuel Clark unconscious. A witness to the incident contacted 911. Samuel Clark and
Bubba Hurt were taken into custody and transported to the hospital. Summer Breeze and
Skeeter Redrum were taken into custody and transported to the Police Headquarters. Bubba
Hurt died at the hospital and Samuel Clark suffered a permanent brain injury.
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Page 3 of 24
Task
Your task as the District Attorney is to determine what charges apply, if any, for all four
individuals involved in this incident. You should support your answer with an understanding
of the definitions of simple assault, aggravated assault, aggravated battery, and robbery. In
addition, was self-defense applicable to the scenario provided? Use the self-defense portion
(based on Georgia jurisprudence) of the Document Library to formulate your answer.
Formatting Requirements:
Your assignment must follow these formatting requirements:
● Be four pages typed, double spaced, using Times New Roman font (size 12), with one-
inch margins on all sides. All the information you need is in the Document Library.
● Include a cover page containing the title of the assignment, your name, professor’s
name, the course title, and the date. The cover page is not included in the required
assignment page length.
Self-Assessment Checklist:
Use this to check your work before you submit your assignment:
My paper determines what charges to make, if any, for all four individuals in the
provided scenario.
My paper discusses the definitions of simple assault, aggravated assault, aggravated
battery, and robbery.
My paper discusses the State of Georgia’s use of self-defense.
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Page 4 of 24
Rubric
Grading for this assignment will be based on the quality of your responses, logic/organization of
the paper, and language and writing skills, using the following rubric.
Points: 130 Assignment 3: Assault Performance Task
Criteria
Unacceptable
Below 70% F
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
1. Determine what charges
to make, if any, for all four
individuals involved in this
incident.
Weight: 25%
Does not determine
what charges to
make, if any, for all
four individuals
involved in this
incident.
Partially determines
what charges to
make, if any, for all
four individuals
involved in this
incident.
Satisfactorily
determines what
charges to make, if
any, for all four
individuals involved
in this incident.
Thoroughly
determines what
charges to make, if
any, for all four
individuals involved
in this incident.
2. Examine the crime
scenario and define the
charges as they relate to
simple assault, aggravated
assault, aggravated battery,
and robbery.
Weight: 25%
Does not examine the
crime scenario or
define the charges as
they relate to simple
assault, aggravated
assault, aggravated
battery, and robbery.
Partially examines
the crime scenario
and starts to define
the charges as they
relate to simple
assault, aggravated
assault, aggravated
battery, and robbery.
Satisfactorily
examines the crime
scenario and defines
the charges as they
relate to simple
assault, aggravated
assault, aggravated
battery, and robbery.
Thoroughly examines
the crime scenario
and strongly defines
the charges as they
relate to simple
assault, aggravated
assault, aggravated
battery, and robbery.
3. Describe the charges in
relation to your
understanding of self-
defense in the State of
Georgia.
Weight: 25%
Does not describe the
charges in relation to
your understanding
of self-defense in the
State of Georgia.
Partially describes the
charges in relation to
your understanding
of self-defense in the
State of Georgia.
Expanding the
description of the
charges and the use
of self-defense in
Georgia would
improve this section.
Satisfactorily
describes the charges
in relation to your
understanding of self-
defense in the State
of Georgia.
The relationship
between the charges
and your
understanding of self-
defense is evident,
but could use
additional supporting
details.
Thoroughly describes
the charges in
relation to your
understanding of self-
defense in the State
of Georgia.
The relationship
between the charges
and your
understanding of self-
defense is solid and
well-supported.
4. Clarity, writing
mechanics, and formatting
requirements.
Weight: 25%
More than 6 errors
present.
5-6 errors present. 3-4 errors present. 0-2 errors present.
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Document Library
CLERKS OFFICE:
HAPPY TOWN POLICE DEPARTMENT
INCIDENT INFORMATION FORM
Date:
13 August 2016
Case Number:
1111111
Reporting Officer:
Colt Winchester
ARRESTED DOB HEIGHT WEIGHT RACE GENDER PRIORS
BUBBA HURT 01/05/1990 6’05 290 lbs W M Y
SKEETER
REDRUM
05/14/1992 6’0 185 lbs W M Y
SUMMER
BREEZE
07/05/1996 5’07 145 lbs W F Y
SAMUEL
CLARK
11/12/1975 5’09 175 lbs W M Y
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CLERKS OFFICE:
HAPPY TOWN POLICE DEPARTMENT
INCIDENT INFORMATION FORM
WITNESS(S)
Date:
13 August 2016
Case Number:
1111111
Reporting Officer:
Colt Winchester
NAME ADDRESS PHONE # OCCUPATION AGE RACE GENDER
Alan
Skittles
114 FELONY DRIVE,
HAPPY TOWN, GA.
444-555-777
STORE OWNER
EAT & RUN CAFE 43 H M
Michael
Smith
111 MISDEMEANOR
DR, HAPPY TOWN,
GA.
444-111-3333
EMPLOYEE
EAT & RUN CAFE 21 B M
Andrea
Sianturi
136 FELONY CIRCLE
HAPPY TOWN, GA.
444-999-4444
RETAIL SALES
SOCKS FOR FEET 27 A F
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Page 7 of 24
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Page 8 of 24
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Page 9 of 24
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MEMORANDUM
To: Patrol Division
From: Chief of Police Rodney Hurt Date: July 10, 2016
Subject: PROACTIVE EXPECTATIONS
Earlier this month a memorandum titled Proactive Expectations for Zone III was issued to all
Patrol Division personnel. The purpose of the memorandum was to establish increase patrols in
Zone III of Happy Town. As a result, incidents has increased in Zone IV significantly and
specifically the 100 block of Felony Drive.
As a result of a news story, citizen complaints and information from Vice and Narcotics there
has been a significant increase in prostitution and drug activity in this area. Beginning July 15,
2016 there will be designated patrol officers working with Vice and Narcotics to increase
visibility and take a proactive approach in resolving this issue.
We will be closely monitoring the progress for the upcoming months to ensure the citizens of
our city that they are safe. Remember, when it comes to enforcement efforts, our emphasis
should be the quality of your service.
Rodney Hurt
Chief of Police Happy Town
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Georgia Assault and Battery Laws
Code Sections
Simple Assault: O.C.G.A. §16-5-20
Aggravated Assault: O.C.G.A §16-5-21
Simple Battery: O.C.G.A §16-5-23
Aggravated Battery: O.C.G.A §16-5-24
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. No actual physical touching is
necessary to violate the law. Words can be enough. For example,
threatening to break someone’s neck, if done in a menacing
manner, can be considered simple assault.
Aggravated Assault: Assaulting someone:
(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; or
(3) Shooting a firearm from within a
motor vehicle toward a person or persons.
Simple Battery:
(1) Intentionally making physical contact of an insulting or
provoking nature with the person of
another; or
(2) Intentionally causing physical harm to another person.
Aggravated Battery: Intentionally and maliciously inflicting a
serious injury to the victim, such as loss of a limb, loss of use of a
limb, or serious disfigurement.
What is “Serious
Disfigurement?”
Any kind of physical alteration to another person’s body, such as a
visible scar on someone’s face or other body part; or a broken bone
that alters one’s physical appearance
Penalty
Simple Assault: Misdemeanor: Up to 1 year in jail, fines reaching
$1,000, probation, and restitution. Can be elevated to a “high” and
“aggravated” misdemeanor with enhanced penalties (up to 1 year
http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-20.html
http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-21.html
http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-23.html
http://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-5-24.html
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Page 12 of 24
in jail and $5,000 fines) if the assault committed involved a firearm,
public transportation, a pregnant woman, a public school
employee, a senior citizen, or if it was a domestic assault
(committed against a family member).
Aggravated Assault: Felony: One to twenty years in prison, fines,
restitution.
Simple Battery: Misdemeanor: Up to 1 year in jail, fines up to
$1,000, probation, and restitution. Can be elevated to a
misdemeanor of high and aggravated nature if it’s determined the
victim was pregnant, over 65, a police officer, a caregiver, school
employee, or if the crime is domestic. This misdemeanor is also
punishable by up to one year but carries potential fines up to
$5,000.
Aggravated Battery: Felony: one to twenty years in prison
minimum, fines, restitution.
Who Prosecutes this
Crime?
Georgia District Attorney’s Offices
Hate Crimes
O.C.G.A. §17-10-17. If someone commits an assault or battery or
any crime against a victim because of bias or prejudice, such as
racial or gender bias, the court must impose a more severe penalty
than would be normally imposed for the crime (according to court
or local policy), but no greater than the maximum sentence
permitted under the statute. The offender must serve at least 90%
of the sentence before being released (offenders serving sentences
in jail or prison generally serve less than the sentence imposed
because of “good time” credit or early release programs for good
behavior).
http://statelaws.findlaw.com/georgia-law/georgia-assault-and-battery-laws.html
http://criminal.findlaw.com/criminal-legal-help/georgia-district-attorneys.html
http://statelaws.findlaw.com/georgia-law/georgia-assault-and-battery-laws.html
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GEORGIA CRIMINAL CODE
Title 16
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. 16-5-20 (2010)
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.
(b) Except as provided in subsections (c) through (h) of this Code section, a person who
commits the offense of simple assault shall be guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public transit vehicle or station
shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
For purposes of this Code section, “public transit vehicle” means a bus, van, or rail car used for
the transportation of passengers within a system which receives a subsidy from tax revenues or
is operated under a franchise contract with a county or municipality of this state.
(d) If the offense of simple 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 for a misdemeanor of a high and aggravated
nature. In no event shall this subsection be applicable to corporal punishment administered by
a parent or guardian to a child or administered by a person acting in loco parentis.
(e) Any person who commits the offense of simple assault against a person who is 65 years of
age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and
aggravated nature.
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(f) Any person who commits the offense of simple assault against an employee of a public
school system of this state while such employee is engaged in official duties or on school
property shall, upon conviction of such offense, be punished for a misdemeanor of a high and
aggravated nature. For purposes of this Code section, “school property” shall include public
school buses and stops for public school buses as designated by local school boards of
education.
(g) Any person who commits the offense of simple assault against a female who is pregnant at
the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high
and aggravated nature.
(h) Nothing in this Code section shall be construed to permit the prosecution of:
(1) Any person for conduct relating to an abortion for which the consent of the pregnant
woman, or person authorized by law to act on her behalf, has been obtained or for which such
consent is implied by law;
(2) Any person for any medical treatment of the pregnant woman or her unborn child; or
(3) Any woman with respect to her unborn child.
For the purposes of this subsection, the term “unborn child” means a member of the species
homo sapiens at any stage of development who is carried in the womb.
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TITLE 16 – CRIMES AND OFFENSES
CHAPTER 5 – CRIMES AGAINST THE PERSON
ARTICLE 2 – ASSAULT AND BATTERY
§ 16-5-21 – Aggravated assault
O.C.G.A. 16-5-21 (2010)
16-5-21. 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; or
(3) A person or persons without legal justification by discharging a firearm from within a motor
vehicle toward a person or persons.
(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.
(c) A person who knowingly commits the offense of aggravated assault upon a peace officer
while the peace 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.
(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.
(e) (1) As used in this subsection, the term “correctional officer” shall include superintendents,
wardens, deputy wardens, guards, and correctional officers of state, county, and municipal
penal institutions who are certified by the Georgia Peace Officer Standards and Training Council
pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are
known to be employees of the department or who have given reasonable identification of their
employment. The term “correctional officer” shall also include county jail officers who are
certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to
Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated assault upon a correctional
officer while the correctional officer is engaged in, or on account of the performance of, his or
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Page 16 of 24
her official duties shall, upon conviction thereof, be punished by imprisonment for not less than
five nor more than 20 years.
(f) 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. For purposes of this Code section, “public transit vehicle” has the same
meaning as in subsection (c) of Code Section 16-5-20.
(g) 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 years 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. For purposes of this subsection, the term
“vehicle” includes without limitation any railcar.
(h) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code
section shall be punished by imprisonment for not less than five nor more than 20 years.
(i) 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
paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be
punished by imprisonment for not less than five nor more than 20 years.
(j) 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.
(k) 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. Any person convicted under this subsection shall, in addition, be subject to
the sentencing and punishment provisions of Code Section 17-10-6.2.
(l) 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. As used in this subsection, the term “officer of the court” means a judge,
attorney, clerk of court, deputy clerk of court, court reporter, court interpreter or probation
officer.
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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. 16-5-24 (2010)
16-5-24. 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
member of his or her body useless, or by seriously disfiguring his or her body or a member
thereof.
(b) Except as provided in subsections (c) through (h) of this Code section, a person convicted of
the offense of aggravated battery shall be punished by imprisonment for not less than one nor
more than 20 years.
(c) A person who knowingly commits the offense of aggravated battery upon a peace officer
while the 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 ten nor more
than 20 years.
(d) Any person who commits the offense of aggravated battery against a person who is 65 years
of age or older shall, upon conviction thereof, be punished by imprisonment for not less than
five nor more than 20 years.
(e)(1) As used in this subsection, the term “correctional officer” shall include superintendents,
wardens, deputy wardens, guards, and correctional officers of state, county, and municipal
penal institutions who are certified by the Georgia Peace Officer Standards and Training Council
pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are
known to be employees of the department or who have given reasonable identification of their
employment. The term “correctional officer” shall also include county jail officers who are
certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to
Chapter 8 of Title 35.
(2) A person who knowingly commits the offense of aggravated battery upon a correctional
officer while the correctional 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
ten nor more than 20 years.
(f) Any person who commits the offense of aggravated battery in a public transit vehicle or
CRJ 105 – Crime and Criminal Behavior
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station shall, upon conviction thereof, be punished by imprisonment for not less than five nor
more than 20 years. For purposes of this Code section, “public transit vehicle” has the same
meaning as in subsection (c) of Code Section 16-5-20.
(g) Any person who commits the offense of aggravated battery upon a student or teacher or
other school personnel within a school safety zone as defined in paragraph (1) of subsection (a)
of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for
not less than five nor more than 20 years.
(h) If the offense of aggravated battery 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.
2010 Georgia Code
TITLE 16 – CRIMES AND OFFENSES
CHAPTER 5 – CRIMES AGAINST THE PERSON
ARTICLE 2 – ASSAULT AND BATTERY
§ 16-5-25 – Opprobrious or abusive language as justification for simple assault or simple
battery
O.C.G.A. 16-5-25 (2010)
16-5-25. Opprobrious or abusive language as justification for simple
assault or simple battery
A person charged with the offense of simple assault or simple battery may introduce in
evidence any opprobrious or abusive language used by the person against whom force was
threatened or used; and the trier of facts may, in its discretion, find that the words used were
justification for simple assault or simple battery.
Georgia Aggravated Assault & Battery Laws
http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/georgia-aggravated-assault-laws
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GEORGIA CRIMINAL CODE
TITLE 16
SELF DEFENSE
2010 Georgia Code
TITLE 16 – CRIMES AND OFFENSES
CHAPTER 3 – DEFENSES TO CRIMINAL PROSECUTIONS
ARTICLE 2 – JUSTIFICATION AND EXCUSE
O.C.G.A. 16-3-21 (2010)
16-3-21. Use of force in defense of self or others; evidence of belief
that force was necessary in murder or manslaughter prosecution
(a) A person is justified in threatening or using force against another when and to the extent
that he or she reasonably believes that such threat or force is necessary to defend himself or
herself or a third person against such other’s imminent use of unlawful force; however, except
as provided in Code Section 16-3-23, a person is justified in using force which is intended or
likely to cause death or great bodily harm only if he or she reasonably believes that such force is
necessary to prevent death or great bodily injury to himself or herself or a third person or to
prevent the commission of a forcible felony.
(b) A person is not justified in using force under the circumstances specified in subsection (a) of
this Code section if he:
(1) Initially provokes the use of force against himself with the intent to use such force as an
excuse to inflict bodily harm upon the assailant;
(2) Is attempting to commit, committing, or fleeing after the commission or attempted
commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the
encounter and effectively communicates to such other person his intent to do so and the other,
notwithstanding, continues or threatens to continue the use of unlawful force.
(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule,
regulation, or policy of any county, municipality, or other political subdivision of the state which
is in conflict with this Code section shall be null, void, and of no force and effect.
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(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a
justification provided by subsection (a) of this Code section, the defendant, in order to establish
the defendant’s reasonable belief that the use of force or deadly force was immediately
necessary, may be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of family violence or child
abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-
15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time
of the offense, including those relevant facts and circumstances relating to the family violence
or child abuse that are the bases of the expert’s opinion.
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LEGAL PRESUMPTIONS
What is Aggravated Assault?
The act of inflicting bodily harm on someone, or causing them to fear bodily harm is considered
a crime in the U.S., regardless of whether actual physical harm occurs. For example, John is
walking down the street carrying a bag of groceries. Bob, who is walking toward John, makes a
fist and tells John to move over or he will hit him. John is stunned, and so does not move over
immediately. Bob swings his fist at John’s face but misses, and John sprints away in fear. Bob
may be charged with simple assault as he caused John to reasonably fear that he would suffer
bodily harm if he remained.
Simple Assault vs. Aggravated Assault
Most states classify assaults as simple or aggravated according to the circumstances
surrounding the offense. Simple assault is most commonly recognized as an attempt or threat
to injure another person without actually striking them or causing bodily harm. Aggravated
assault occurs when the crime is taken a step further, such as when a weapon is used, or the
harm or threat takes place in certain circumstances. For instance, threatening a person with a
fist is often considered simple assault, but if a perpetrator threatens another person with a
baseball bat, it would be considered aggravated assault.
Example of Aggravated Assault
If Bob, from the example above, moves his jacket aside to show to John that he is carrying a gun
in his belt, he would likely be charged with aggravated assault, rather than simple assault. This
would be true, even though he did not make a physical attempt to hit or shoot John, because
he made a threat with a weapon, causing John to reasonably believe he would be harmed.
Deadly Weapons
A deadly weapon is any item that can be used to cause serious or fatal injury to a person or
animal. Deadly weapons include such weapons as guns and knives, but other instruments can
be considered deadly if they are used to threaten or attack someone. Such weapons of
opportunity may include boards, baseball bats, rocks, bricks, ice picks, letter openers, tools, or
any object that could cause serious harm or death.
In some jurisdictions, people with HIV (the human immunodeficiency virus) who have had
unprotected sex with a person not aware of the disease have been charged with using a
“deadly weapon.” The reasoning is that a person who knows he carries HIV exposes another to
the deadly virus basically assaults the other person with a weapon capable of causing death.
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Degrees of Aggravated Assault
Many states break down the crime of assault even further than the basic and aggravated
assault charges in some jurisdictions. By using first- through fourth-degree classifications, the
judicial system is able to take into account the exact nature of the offense.
▪ First-Degree Aggravated Assault – refers to a deliberate act in which the perpetrator used
premeditated malice. The perpetrator must have had the intent to cause, or to attempt to
cause, serious bodily injury (also “great bodily harm”).
▪ Second-Degree Aggravated Assault – refers to a deliberate act in which there was no
premeditation. This takes into account the mental state of the perpetrator at the time of
the assault.
▪ Third-Degree Assault – refers to an act in which the perpetrator attempts to cause less
serious bodily harm, making this a common charge when two individuals are involved in a
fight.
▪ Fourth-Degree Assault – refers to minor threats of harm, or causing the victim to fear
being harmed.
Great Bodily Harm
The term “great bodily harm” is used interchangeably with “serious bodily injury,” “grievous
bodily harm,” and “great bodily injury.” 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. Great bodily harm also refers to the infliction of any
injury that creates a substantial risk of death.
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STATUTORY LAW
In Georgia, assault and battery crimes consist of simple assault, aggravated assault, simple
battery, battery, and aggravated battery. This article concerns simple assault and battery laws.
For information on aggravated assault and aggravated battery, see Georgia Aggravated Assault
& Battery Laws.
Simple Assault
Simple assault is a misdemeanor in Georgia. The crime is an attempt to cause physical injury to
another person – for instance, attempting to strike someone with a hand or object, and
missing. Simple assault also is any intentional act or threat of action that reasonably causes a
person to feel afraid of impending violence. Threatening to beat up someone or to knock him
out, when said in a menacing or angry manner, is assault if it appears that the assailant has the
ability to carry out the threat and the victim believes or could reasonably believe that he is
about to be struck or injured.
(Ga. Code Ann. § 16-5-20).
The Georgia legislature also has criminalized, as a simple assault, any attempt to injure an
unborn child, except for the purpose of abortion or medical treatment for the mother or fetus.
(Ga. Code Ann. § 16-5-28).
Simple Battery and Battery
Simple battery, a misdemeanor, is actual offensive physical contact, such as punching another
person or hitting someone with an object. Hitting another person with a fist during an
argument or shoving someone are straightforward examples of simple battery. The physical act
must be intentional, rather than an accident or a joke among friends, but no specific intent to
injure is required. A more unusual example of simple battery is grabbing and ripping someone’s
clothing in anger. This is considered a touching because the clothing is an extension of the
person.
(Ga. Code Ann. § 16-5-23).
Battery in Georgia involves intentionally causing “substantial physical harm” or “visible bodily
harm” and also is a misdemeanor. Visible harm is defined as physical harm visible to others,
such as blackened eyes, a swollen lip, or significant bruises.
(Ga. Code Ann. § 16-5-23.1).
Simple Assault, Simple Battery and Battery as Aggravated Misdemeanor
Simple assault, simple battery and battery are generally misdemeanor crimes under Georgia
law. In certain cases these crimes can be charged as aggravated misdemeanors, which carry
more severe penalties. Assault or battery on certain victims including but not limited to, a
family member or intimate partner, a person 65 years of age or older, or a public school
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employee engaged in his duties are aggravated misdemeanors. Assault or battery in a public
transit station or vehicle or on public school property, including school buses and school bus
stops, are aggravated misdemeanors, as well as battery against a law enforcement officer and
battery or simple assault against a pregnant woman.
(Ga. Code Ann. §§ 16-5-20, 16-5-23, 16-5-23.1).
For information on aggravated assault and aggravated battery, see Georgia Aggravated Assault
& Battery Laws.
Defense to Assault or Battery
The Georgia statutes provide that, if a victim uses “opprobrious or abusive language” against
the offender, the language may be considered justification for the offender’s threatening
behavior or use of force and, therefore, a defense to the crime of assault or battery. Examples
of such language are egregious insults or racial slurs, but the language must rise to a level of
abusiveness that justifies the amount or type of force used. If the language is mildly abusive or
insulting and the offender reacts with significant violence, the language will not justify the
crime committed.
(Ga. Code Ann. § 16-5-25).
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