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Simple Assault – O.C.G.A.
16-5-20
There are two types of simple assault. The
first, attempted battery (or attempt to commit violent injury)
requires the state to prove that the defendant intended
to commit a violent injury. Additionally, the prosecution
must prove that the defendant’s actions were a "substantial
step" toward the commission of a battery. Whether or
not the act is a substantial step is a question of fact.
The second type of simple assault occurs when
one person places another in reasonable apprehension of
immediate bodily injury. A mere threat of harm is insufficient
to support an assault charge. A threat combined with the
apparent present ability of a defendant to actually carry
out the threat is necessary. The victim must reasonably
believe that he is in danger of receiving immediate bodily
injury.
Punishment: Generally a misdemeanor unless
special circumstances apply.
Aggravated Assault – O.C.G.A.
16-5-21
Aggravated assault occurs when an assault
is committed one of three ways: 1) with intent to murder,
rape or rob; 2) with a deadly weapon (includes any instrument
which, when used against a person is likely to or actually
does result in serious bodily injury) or 3) by discharge
of a firearm from within a motor vehicle toward a person
or people.
Punishment - Felony: 1 to 20 years in prison
unless:
The aggravated assault is committed on a peace
officer while the peace officer is engaged in official duties.
Then the range of punishment is 5 to 20 years in prison.
The aggravated assault is committed on a person
over 65. Then the range of punishment is 3 to 20 years in
prison.
The aggravated assault is committed on a corrections
officer while the corrections officer is engaged in official
duties. Then the range of punishment is 5 to 20 years in
prison.
The aggravated assault is committed in a public
transit vehicle or station. Then the range of punishment
is 3 to 20 years in prison.
The aggravated assault involves use of a firearm
upon a student or teacher within a school safety zone. Then
the range of punishment is 5 to 20 years in prison.
If the aggravated assault involves discharge
of a firearm from within a motor vehicle toward a person
or people, the punishment shall be 5 to 20 years in prison.
Battery – There are three degrees of
battery: Simple Battery, Battery and Aggravated Battery.
Simple Battery – O.C.G.A. 16-5-23
Occurs when the defendant intentionally makes
physical contact of an insulting or provoking nature or
intentionally causes physical harm.
Punishment: misdemeanor
Battery - O.C.G.A. 16-5-23.1
Occurs when one intentionally causes substantial
physical harm or intentionally causes visible bodily harm
to another.
Punishment: As a misdemeanor unless:
Second conviction for battery against the
same victim. In such cases, the offense is a high and aggravated
misdemeanor with 10 days to 12 months in prison, or $1,000.00
fine, or both.
Third conviction for battery against the same
victim is a felony. This carries punishment of 1 to 5 years
in prison.
Aggravated Battery – O.C.G.A.
16-5-24
Occurs when a person maliciously does one
of three things: (1) causes bodily harm by depriving victim
of the use of his/her body; (2) renders a part of the victim’s
body useless; or (3) seriously disfigures the victim.
Punishment: Felony, 1 to 20 years in prison
unless
Aggravated battery is knowingly committed
upon a peace officer engaged in official duties, in which
case the punishment is 10 to 20 years.
Aggravated battery is committed against a
person over 65, in which case the punishment is 5 to 20
years in prison.
Aggravated battery is knowingly committed
on a correctional officer engaged in official duties. These
offenses carry 10 to 20 years.
Aggravated battery committed in a public transit
vehicle or station. A jail term of 5 to 20 years is required.
Aggravated battery committed upon a student
or teacher in a school safety zone. Such cases require a
jail sentence of 5 to 20 years.
Homicide
Felony Murder - O.C.G.A. 16-5-1(c)
Felony murder occurs when a person causes
the death of another person while in the commission of a
felony. Under the felony-murder rule, malice (an intent
to cause the person’s death) is irrelevant. The defendant
need not have any intention to kill someone, the fact that
someone died as a result of his felonious act is sufficient.
Example: If Joe is robbing a bank, and a customer who is
in the middle of the event suffers a heart attack and dies,
it is likely that Joe will be charged with felony-murder.
Punishment: Felony, life in prison or death
penalty.
Involuntary Manslaughter –According
to Georgia law, there are two types of involuntary manslaughter.
Neither type requires that the defendant actually intend
to kill the victim.
"Unlawful Act" Involuntary Manslaughter
- O.C.G.A. 16-5-3(a)
The first type of involuntary manslaughter
is considered a felony. It occurs when the defendant commits
a non-felonious crime, (a misdemeanor) which results in
someone’s death. This is also sometimes referred to
as "misdemeanor manslaughter".
Punishment: felony – 1 to 10 years in
prison.
"Criminal Negligence" Involuntary
Manslaughter - O.C.G.A. 16-5-3(b)
The second kind of involuntary manslaughter
is a misdemeanor. It happens when the defendant commits
a lawful act in an unlawful manner which is likely to cause
another person great bodily harm or death (in other words,
another person’s death results from the defendant’s
criminally negligent conduct). It is difficult to determine
exactly what conduct is required in order to be considered
criminally negligent. If it appears that a reasonable person
under similar circumstances would have known that the act
would endanger others, and the defendant committed the act
anyway, then the defendant’s behavior is probably
criminally negligent.
Punishment: Misdemeanor
Voluntary Manslaughter - O.C.G.A.
16-5-2
In order for a homicide to be considered voluntary
manslaughter, the defendant must have intentionally caused
a human being’s death as a result of "sudden,
violent, irresistible passion" caused by "serious
provocation." The defendant must have intended to kill
the victim, but because of "heat of passion" there
is no malice aforethought. Thus, voluntary manslaughter
is considered less criminal than murder. The statute further
states that passion cannot be found if there was a sufficient
"cooling off period" between the provocation and
the killing. If the defendant had long enough for "the
voice of reason and humanity to be heard" he will be
guilty of murder, not voluntary manslaughter.
Punishment: Felony, 1 to 20 years in prison
Murder - O.C.G.A. 16-5-1
Murder or "malice murder" occurs
when an individual unlawfully and with malice aforethought
causes the death of another person. Malice aforethought
is defined as an intention to kill another human being.
Therefore, in order to be convicted of malice murder, the
state must prove that the defendant had the specific intent
to kill the victim. This intent may be found in the defendant’s
actions toward the victim (i.e., threats, etc.), in his
use of a deadly weapon, or in the defendant’s acts
which exhibit a reckless disregard for human life.
Punishment: Felony, death penalty or life
in prison.
*Punishments listed are generally for a first
offense, unless otherwise noted.
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William C. Head, Senior Partner
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