According to reports out of Athens Clarke County, a local and iconic artist known for creating illustrations with his mouth after being attack last week.
Michael Davenport is well-known in Athens for being a great artist as well as armless. He was hit in the back of the head with a full water bottle during a local music and arts festival in downtown Athens. A witness was able to catch up to his alleged attacker after he fled the scene. Darian Kenney, a 29-year-old man, was arrested and charged with aggravated assault.
As a Georgia Criminal Defense Lawyer, I will outline the offense of aggravated assault as well as the legal consequences if convicted.
Aggravated Assault in Georgia
The law behind aggravated assault is best clarified if we first examine the law behind assault in Georgia. O.C.G.A. §16-5-20 defines assault 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.
Aggravated assault in Georgia is the more elevated offense. O.C.G.A. § 16-5-21 defines aggravated assault 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
- A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
Aggravated assault is classified as a felony, and a conviction can result in prison time of one to twenty years. Moreover, there are specific situations in which the penalty for aggravated assault is already specified in the statute:
- An assault upon a peace officer while conducting their official duties has the penalty of a prison term between five and twenty years.
- Assault upon a person who is 65 years old or older will result in a prison sentence of three to twenty years.
- A person who knowingly commits the crime of aggravated assault against a correctional officer while they are engaged in their official duties will be sentenced to a prison term of five to twenty years.
- Committing aggravated assault in a public transit vehicle or station will result in a prison term for no less than three years and no more than twenty years.
- Aggravated assault during the commission of theft of a commercial vehicle transporting cargo will have a penalty of incarceration for no less than five nor more than twenty years or a fine between $50,000 and $200,000 or both.
- If the assault involves a firearm on a student, teacher, or any other school personnel on school property, then the consequence is a prison term of five to twenty years.
- Assault between past or present spouses, foster parents and foster children, parents and children, stepparents and stepchildren, or other person living in a house will have a penalty of a prison term between three and twenty years.
- An individual who commits assault with intent to rape a child under 14 years old will be punished by a prison term between twenty-five and fifty years.
- Lastly, a person who commits aggravated assault on an officer of the court while they are engaged in their official duties shall be punished by a prison term for no less than five years and no more than twenty years. Officer of the court means a judge, attorney, clerk of court, court reporter, court interpreter, or probation officer.
Regardless of the level of the crime - felony or misdemeanor, having a criminal record is damaging to all areas of a person's life. We will do our best to keep your record clean or to mitigate the consequences as much as possible.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney today.