Two North Georgia Men Arrested for Allegedly Attacking Another in a Parking Lot

Bobby Cardenas and Michael Tatro - both North Georgia residents - have been arrested after being accused of breaking another man's teeth and causing several facial fractures.

Cardenas and Tatro have been charged with:

• Aggravated Assault in Georgia,
• Aggravated Battery in Georgia,
• And Battery in Georgia.

According to reports, the alleged victim's wounds are rather serious. He had bruising on his throat from apparent strangulation as well as marks consistent with kicking and stomping on his chest.

As a Georgia Criminal Defense Lawyer, I will outline the criminal offense committed in today's post.

Aggravated Assault in Georgia

Aggravated assault in Georgia is defined by Georgia law 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. O.C.G.A. § 16-5-21.

Aggravated assault is classified as a felony offense in Georgia. Felony Penalties in Georgia should be taken very seriously. If convicted of aggravated assault, the convicted individual may result in up to twenty years in prison.

There are certain situations as prescribed by law where the penalty is determined by the statute itself. See as follows…

• An assault upon a peace officer while conducting their official duties has the penalty of a prison term between five and twenty years. O.C.G.A. §16-5-21(d)
• Assault upon a person who is 65 years old or older will result in a prison sentence of three to twenty years. O.C.G.A. §16-5-21(e)
• 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. The phrase “correctional officer” includes wardens, guards, superintendents, and other officers of the state, county, or municipal penal institutions. O.C.G.A. §16-5-21(f)
• 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. O.C.G.A. §16-5-21(g)
• 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. O.C.G.A. §16-5-21(h)
• 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. O.C.G.A. §16-5-21(j)
• 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. O.C.G.A. §16-5-21(k)
• 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. O.C.G.A. §16-5-21(l)
• 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. O.C.G.A. §16-5-21(m)

Practice Note

If you or a loved one have been arrested, contact a Georgia Criminal Defense Attorney today. We can help negotiate the best outcome possible in your case.