Atlanta, Ga. – According to reports from this past week, a dispute over a parking space ended in a shooting.
Police showed up to a Texaco station on the corner of Campbellton Road around 11:30 PM on Wednesday night. The Atlanta Police Department spokesman Officer Steve Avery stated, “The suspects and victim argued about moving out of the other's way and a passenger got out of the Dodge and began shooting.”
Police discovered the victim with multiple gunshot wounds to the leg. He was immediately taken to a local hospital and has been reported as stable and recovering. Investigators are still looking for the suspects that are allegedly responsible for the shooting. Anyone with information has been asked to come forward. A reward is being offered.
As a Georgia Criminal Defense Attorney, I will run through the law behind the offense that is committed when a shooting occurs – aggravated assault.
Aggravated Assault in Georgia
Aggravated Assault in Georgia is defined 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
- 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.
Contact our offices today if you or a loved one has been arrested in the state of Georgia. A Georgia Criminal Defense Lawyer can help you with your case.