Crimes Against People in Georgia
Crimes against people contain offenses that usually involve causing bodily harm to another, threatening to cause bodily harm, or other actions committed against the will of an individual. An aggravated offense occurs when the crime is made worse or more serious due to certain circumstances such as using a deadly weapon. Aggravated offenses come with more severe penalties.
Lawson and Berry and their team of Georgia Criminal Defense Attorneys have over 20 years experience are familiar with the subtle differences that distinguish each of the crimes and can help you build a strong defense. Don't wait because you and your loved one's future depends on it. Call us today and schedule a free consultation.
Crimes Against People in Georgia Include:
Aggravated Assault: Occurs when a person attempts to commit a violent injury with intent to murder, rape, or rob or assault with a deadly weapon.
Aggravated Battery: Occurs when a person maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rending a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
Aggravated Stalking: Occurs when a person follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
Assault: Occurs when someone causes or attempts to cause physical harm to another person
Assault on an Unborn Child: Occurs when a person attempts to inflict violent injury on an unborn child.
Assisted Suicide: Occurs when a person knowingly and willfully assists another in the commission of such person's suicide.
Battery: Occurs when a person intentionally causes substantial harm or visible bodily harm to another.
Battery of an Unborn Child: Occurs when a person, without justification, intentionally inflicts physical harm upon an unborn child.
Cruelty to Children: Occurs when a person jeopardizes a child under the age of 18 well-being.
False Imprisonment: Occurs when a person, in violation of the personal liberty of another, arrests, confines, or detains another person without legal authority.
Felony Murder: Occurs when a person commits murder while committing a felony.
Female Genital Mutilation: Occurs when a person knowingly circumcises a female under 18 years old or when a parent or guardian knowingly consents or permits the circumcision of such female.
Feticide: Occurs when a person willfully and without legal justification causes the death of an unborn child by any injury to the mother of such child.
Hazing: Occurs when a person is subjected to an activity which endangers or is likely to endanger the physical health of a student, regardless of the student's willingness to participate in such activity.
Interference with Custody: Occurs when a parent tries to disrupt the custody rights of the other parent generally by not following the visitation/child custody agreement.
Involuntary Manslaughter: Occurs when there is an unintentional killing resulting from recklessness or criminal negligence.
Kidnapping: Occurs when a person abducts or steals away another person without lawful authority or warrant and holds such person against his or her will.
Malicious Confinement of a Sane Person in an Asylum: Occurs when a person maliciously confines a sane person in an asylum.
Murder: Occurs when a person unlawfully and with malice aforethought causes the death of another human being.
Reckless Abandonment: Occurs when a person who is supervising or has immediate charge of a child under the age of one willfully and voluntarily physically abandons such child with the intention of severing all parental or custodial duties and leaving such child in a condition which resulted in the death of the child.
Reckless Conduct: Occurs when a person causes bodily harm or endangers the bodily safety of another person by consciously disregarding a substantial risk that his act will cause harm or endanger the safety of the other person.
Restraining Orders and Protective Orders: These are orders issued by the Court in order to protect someone generally from domestic violence, harassment, stalking, or assault.
Simple Battery: Occurs when a person either intentionally makes physically contact of an insulting or provoking nature with the person of another or intentionally causes physical harm to another.
Stalking: Occurs when a person follows, places under surveillance, or contacts another person without their consent for the purpose of harassing and intimidating the other person.
Trafficking of Persons for Labor or Sexual Servitude: Occurs when a person knowingly subjects another person to or maintains them in sexual or labor servitude.
Voluntary Manslaughter: Occurs when a person causes the death of another acting out of a sudden, violent, and irresistible passion resulting from serious provocation.
Voluntary Manslaughter of an Unborn Child: Occurs when a person causes the death of an unborn child under circumstances which would otherwise be feticide and if such person acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation in which a reasonable person would have also been provoked.
Penalty for a Conviction for Crimes Against People in Georgia
A conviction for a crime against a person generally comes with a prison term and a fine. While each crime and case is different, that is the general outcome. The fine amount varies from case to case.
However, another penalty that could be awarded by the Court is for the defendant to pay restitution to the victim. Restitution is where the defendant reimburses the victim for any expenses that resulted from the crime committed against them. It could include the cost of medical treatment or counseling. Anyone in Georgia that is convicted of assault of battery could be subject to this consequence.
Also, there is a possibility that the court would impose probation instead of jail time for part of the sentence or instead of a jail sentence. This is left to the judge's discretion and is evaluated on a case-by-case basis. If put on probation, the defendant would be required to meet regularly with a probation officer. There would also be conditions they would have to satisfy such as submitting to drug tests, performing community service, attending counseling, etc.
Defenses to Crimes Against People in Georgia
While each crimes has specific defenses that apply to it; there are some defenses that generally apply to crimes against a person in Georgia including:
Consent: If the defendant had consent to do the action they are being accused of, then that is a complete defenses. A crime against a person involves the suspect doing something against another's will but if consent was given by the victim; then no crime has been committed. However, there are a couple crimes that this does not apply to including hazing and trafficking of persons for labor or sexual servitude. They will still be crimes even if permission was given by the victim.
Defense of Others: This argument is similar to regular self-defense with the only difference being that you must honestly believe that another person is in danger of being harmed. The victim must reasonably believe that they are at risk of being injured to satisfy this defense.
Defense of Property: If you used reasonable force when defending your property, such as your home, then you may have an argument that the assault was justified. An example is if someone stole your purse or bag, then you could have the right to use reasonable force to recover that property. There is not a bright line rule on when an owner is allowed to use reasonable force. Instead, the Court rules on a case by case basis. Your Georgia Criminal Defense Attorney will assist you in arguing that the force used was necessary, and therefore, the assault charges should be dropped.
Innocence: An alibi or witness testimony that you could not have committed the crime is always valuable. It can also be useful if there is a case of mistaken identity.
Lack of Intent: Many crimes against a person require that the defendant have the intent to commit the crime. Evidence that there was no intent will be greatly beneficially to your case and can help your Attorney get the charge lowered or possibly dismissed.
Self-Defense: This is a common defenses used in assault and battery cases. However, there are some things that you must show to establish that self-defense was necessary. You must show that (1) there was a threat of unlawful force or harm against you; (2) there was a reasonable basis for your fear of injury to yourself;(3) you did not provoke the threat; and (4) there was no reasonable chance for you to escape or retreat. One of our highly skilled Attorneys can assist with establishing that your actions were taken in self-defenses.
This is not an extensive list of the defenses that could be used in your case. These are just some of the defenses your Attorney will evaluate to see if they apply. Every case is different and our Lawyers will work with you to provide the best defense.
Crimes against people are serious crimes and not ones to be taken lightly. You need an Attorney who understands the consequences a conviction will have on your future. Your Georgia Attorney will investigate all the details surrounding your case and evaluate your options. They will be available all the time to you – even nights and weekends – because your case is important. Lawson and Berry and their team of Lawyers will work with you to fight your charge and avoid a conviction.
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