Cedartown, Ga. - Last month, authorities in Floyd County, reported the home invasion of a local residence that resulted in the death of a grandmother.
This past week, two teenagers were arrested in relation to that incident. The teens are facing charges of aggravated assault and felony murder. Police reported that the two teenagers were in a group of four individuals who went to the home. Their intention was allegedly to fight someone else who lived in the residence. However, the incident resulted in the shooting death of the elderly woman who lived there.
As a Georgia Criminal Defense Lawyer, I will focus on the crime of aggravated assault in today's post.
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.
Aggravated assault is classified as a serious violent felony in the state of Georgia. If you have been arrested for a serious crime, call our offices now.
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