Ocga Simple Assault - (2) With a deadly weapon or with any object, device, or instrument which, when used to attack a person, is likely to cause serious bodily injury; or
(3) A person or persons without legal justification by discharging a firearm from inside a motor vehicle at a person or persons.
Ocga Simple Assault
(b) Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be sentenced to imprisonment for not less than one or more than 20 years.
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(c) A person who knowingly commits an aggravated offense against a peace officer while the peace officer is acting, or in the performance of official duties, shall be punished, if believed, by imprisonment for not doing so. less than five or more than 20 years.
(d) Any person who commits an offense of aggravated assault against a person aged 65 or over shall, if convicted, be imprisoned for not less than three nor more than 20 years.
(e)(1) As used in this section, the term "correctional officer" includes superintendents, wardens, deputy wardens, guards, and correctional officers of state, county and municipal penal institutions certified by Officer Standards Peace of Georgia. and the Board of Training under Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have provided reasonable identification of their employment. The term "correctional officer" also includes county jail officers certified or registered by the Georgia Peace Training and Standards Board pursuant to Chapter 8 of Title 35.
(2) A person who intentionally commits the offense of aggravated assault against a correctional officer while the correctional officer is in the act, or because of the performance of official duties, shall be sentenced to imprisonment for not doing so, if he is convicted. less than five or more than 20 years.
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(f) Any person who commits a more serious crime in a vehicle or public transport station will, if convicted, be sentenced to imprisonment for not less than three nor more than 20 years. For the purposes of this section of the Code, "public transit vehicle" has the same meaning as in subsection (c) of Section 16-5-20 of the Code.
(g) Any person who commits an aggravated crime against a person contrary to Section 16-8-2 of the Code, where the property which is the subject of the theft is a vehicle used to transport cargo or any equipment in commercial. This, including without limitation, trailers, semi-trailers, containers, or other related equipment, or cargo carried thereon or on them, shall be punished with imprisonment of not less than five years nor more than 20 years, a fine no less. of $50,000.00 or more than $200,000.00, or such fine and imprisonment. For the purposes of this subsection, the term "vehicle" includes without limitation any vehicle.
(h) A person who is convicted of an offense described in paragraph (3) subsection (a) of this section of the Code shall be sentenced to imprisonment for not less than five nor more than 20 years.
(i) Any person who commits an offense of aggravated assault involving the use of a firearm against a student or teacher or other school personnel in a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11 -127.1, if convicted, is sentenced to imprisonment of not less than five nor more than 20 years.
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(j) If the crime of aggravated assault is committed between a current or former spouse, a person who is a parent of the same child, a parent and a child, a parent and a stepchild, an adoptive parent and an adoptive child, or another person other than relatives who n lives or used to live in the same home, the person accused will be sentenced to prison for not less than three nor more than 20 years.
(k) Any person who commits an offense of aggravated assault with intent to rape a child under the age of 14 shall be sentenced to a minimum of 25 years in prison and a maximum of 50 years. Any person found guilty of an offense under this section is, in addition, subject to the penalty and punishment in Section 17-10-6.2 of the Code.
(l) A person who intentionally commits aggravated assault on a judicial officer while the officer is acting, or in the performance of official duties, shall be punished with imprisonment. not less than five or more than 20 years. As used in this section, the term "court officer" means a judge, attorney, clerk of court, deputy clerk of court, court reporter, bailiff or probation officer.
If you have recently been charged with OCGA Aggravated Assault, Simple Assault, or battery, contact the law firm of Kohn & Yager, LLC. at (404) 567-5515 to speak with one of the criminal attorneys near me about your felony crime. Our law firm's Aggressive Lawyers can provide targeted advice on our approach to these difficult cases, and what your best defense is. Ex-police officer Cory Yager, Larry Kohn, and ex-Criminal Defense litigator, William Head are ready to act.
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Our legal group serves the greater metro-Atlanta area but will travel nationwide, as needed. If you must fight your charges, give yourself the best chance to win by hiring an experienced and award-winning criminal attorney near me. With a FREE TOUR CONSULTATION. Call today so our legal team can start helping you and finding a solution.
If you are a victim of Domestic Violence in Georgia and need help, contact the Georgia Coalition Against Domestic Violence by clicking this link or calling our 24-hour Statewide hotline: 1(800)334-2836.
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In the offspring sense, the fault "actor" has usually made some positive movement that is a "signal" (to others) or can do violent injury to others.
Following Too Closely In Georgia
There is no simple definition of a battery, on a national scale. Every state expands its criminal law provisions to make every crime either a felony or a misdemeanor.
Additionally, some states have offenses for traffic violations and minor offenses such as littering, but the State of Georgia only has felonies or misdemeanors in its criminal code. In this regard, Georgia is a more conservative country when it comes to charging crimes.
This misdemeanor offense differs from simple battery in that the alleged assault does not involve any touching or contact, but any "act" that occurs that puts the victim in immediate fear of attack. In every first offense first offense battery or simple GA assault case we have handled, a non-custodial sentence is available.
First, a simple battery charge is the least of offences, with the next battery being a nuisance. Both can be charged as a misdemeanor, but battery jail time can last weeks or months, in cases with a negative fact pattern. However, aggravated battery is always a crime, leading to a harsher penalty, if the
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