McDonough Dispute Results in Fatality

Henry County Police

McDonough, Ga. - Henry County police officers are investigating a dispute that occurred early this morning.

According to reports, an argument started around 2:30 AM. It resulted in gunshots being fired near White Dove Drive. No details other than the report of one fatality have been released.

As a Georgia Criminal Defense Lawyer, I will outline the law behind one of the possible charges - 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.

Practice Note

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