Jonesboro, Ga. – A man was arrested after a shooting at a QuikTrip on Jonesboro Road. According to officers, another man was discovered dead when they responded to the shooting around 11:15 pm this past Friday night.
The man accused of shooting the victim was arrested on charges of aggravated assault, felony murder, and possession of a firearm during the commission of a crime.
As a Georgia Criminal Defense Attorney, I will outline the law behind the offense of aggravated assault.
Aggravated Assault in Georgia
Assault is the base level version of aggravated assault. The Georgia Code defines assault in O.C.G.A. §16-5-20 as:
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 conviction for assault in Georgia will be treated as a misdemeanor. The penalty can include a period of confinement of up to one year and up to $1,000 in fines.
Aggravated assault in Georgia is defined in the next statute by the Georgia Code in O.C.G.A. § 16-5-21 as:
A person commits the offense of aggravated assault when he or she assaults:
- with intent to murder, to rape, or to rob;
- 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;
- with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
- without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
To be found guilty of aggravated assault, the prosecution must show that the suspect is guilty beyond a reasonable doubt. This means that there must be a demonstration of violence coupled with an apparent present ability to inflict an injury that causes a person to fear that they will receive an immediate violent injury.
Unlike assault, aggravated assault is classified as a felony offense in Georgia. The penalty for an aggravated assault conviction is a prison term between one to twenty years.
If you have been arrested in the state of Georgia, it is important that you hire an attorney who can represent you to the fullest. We are here for you. Contact a Georgia Criminal Defense Lawyer today.