An Overview of Violent Crimes
Simple Assault
The Offense
Georgia Code 16-5-20 provides that a person commits the crime of simple assault when that person 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.
When thinking of the crime of assault, it is useful to think of it in terms of actions that are threatening in nature, but do NOT result in any physical contact to another person. For example cases have defined this offense as complete if there is a demonstration of violence, coupled with an apparent ability to inflict injury so as to cause the person against whom it is directed reasonably to fear the injury unless the person retreats to secure that person's safety.
Sentencing Range
Except in unique circumstances where it is punishable as a misdemeanor of a high and aggravated nature, the crime of simple assault is a misdemeanor and carries a potential sentence of 12 months in custody, a $1,000.00 fine, or both.
Simple Battery
The Offense
Georgia Code 16-5-23 provides that a person commits the crime of simple battery when that person either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
Just as the crime of assault deals with an attempt to inflict bodily injury, the crime of simple battery is charged when unwanted physical contact actually takes place. A useful definition of battery was formulated by a Georgia court way back in 1938, when it held that battery is "any act of physical violence inflicted on the person of another, which is not necessary, is not privileged, and which constitutes a harmful or offensive contact constitutes an [assault] and battery."
Consider the following two different examples, both of which may constitute a case of simple battery.
(1) A person shoves another person by striking that person's shoulders. Even though the person may not have felt any pain or sustained any injuries, the act of shoving the person could constitute the contact of an "insulting or provoking nature" that is required.
(2) A person grabs and twists another person's wrist with a lot of force. That act may be enough to cause "physical harm," since Georgia courts have held that mere pain is sufficient to show physical harm for purposes of simple battery.
Sentencing Range
Except in unique circumstances where it is punishable as a misdemeanor of a high and aggravated nature, the crime of simple battery is a misdemeanor and carries a potential sentence of 12 months in custody, a $1,000.00 fine, or both.
Battery
The Offense
Georgia Code 16-5-23.1(a) provides that a person commits the crime of battery "when he or she intentionally causes substantial physical harm or visible bodily harm to another."
Just as the crime of assault deals with an attempt to inflict bodily injury, the crime of battery is charged when that bodily injury actually occurs as a result of the assault. When considering the term "substantial physical harm," Georgia courts have held that whether or not a victim of intentional injury by another heals from the injury is not the test of whether the victim suffered substantial bodily harm. In addition, the law defines the term “visible bodily harm” as bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
Sentencing Range
A first conviction is is misdemeanor and carries a possible sentence of 12 months in custody, a $1,000.00 fine, or both.
If a person is convicted for a second time for battery against the same victim, then he shall be sentenced by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, the judge may allow this time to be served on weekends or during the non-working hours of the defendant. The judge may also suspend this minimum sentence if a finding is made that it would cause an undue hardship on the defendant.
If a person is convicted for a third time for battery against the same victim, then he shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
Family Violence Battery
The Offense
Georgia Code 16-5-23.1(f) provides that a person commits the crime of family violence battery when the offense of battery is committed between household members. Georgia law defines the term 'household member" as follows:
- past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.
Sentencing Range
The offense of family violence battery and shall be punished as follows:
(A) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; provided, however, that if the defendant has previously been convicted of a forcible felony committed between household members under the laws of this state, of the United States, including the laws of its territories, possessions, or dominions, or any of the several states, or of any foreign nation recognized by the United States, which if committed in this state would have constituted a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years; and
(B) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(3) In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
Aggravated Assault
The Offense
Georgia Code 16-5-21 provides that a person commits the crime of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) 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;
(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
(4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
Sentencing Range
In all cases, the offense of aggravated assault is a felony. Except in unique cases as described in the statute, in most cases a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
Aggravated Battery
The Offense
Georgia Code 16-5-24 provides that a person commits the crime of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
As you can see, the critical difference between a charge of misdemeanor battery and aggravated battery (which is a felony) is the amount of bodily harm that is inflicted.
There is no definitive definition for the term "serious disfigurement" under Georgia law. Cases have held that for purposes of aggravated battery, a victim's injuries do not have to be actually visible from the outside of a person's body. For example, for purposes of aggravated battery, serious injuries and documented medical damage to internal organs can be sufficient to show serious disfigurement. Additionally, for purposes of aggravated battery, “serious disfigurement” may be proven when serious damage or injury occurred to a person's body or a part of a person's body, which affected the appearance of the body or body part.
Sentencing Range
In all cases, the offense of aggravated battery is a felony. Except in unique cases as described in the statute, in most cases a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
Armed Robbery
The Offense
Georgia Code 16-8-41 provides that a person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
Sentencing Range
A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.
Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
Robbery
The Offense
Georgia Code 16-8-40 provides that a person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another:
(1) By use of force;
(2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or
(3) By sudden snatching.
Sentencing Range
A person convicted of the offense of robbery shall be punished by imprisonment for not less than one nor more than 20 years.
Manslaughter
Under Georgia law, the crime of manslaughter can be charged in one of two ways: voluntary manslaughter and involuntary manslaughter.
Voluntary Manslaughter
Georgia Code 16-5-2 provides that a person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
Sentencing Range
A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.
Involuntary Manslaughter
Georgia Code 16-5-3 provides that a person commits the offense of involuntary manslaughter when he:
- in the commission of an unlawful act, causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony; or
- in the commission of a lawful act in an unlawful manner, causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.
Sentencing Range
In the first instance, upon conviction thereof, that person shall be punished by imprisonment for not less than one year nor more than ten years.
In the second instance, upon conviction thereof, that person shall be punished as for a misdemeanor.
Homicide
Malice Murder
Georgia Code 16-5-1(a) states that a person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
Simply put, the legal elements for the crime of murder in the state of Georgia are: (1) unlawfully (2) causing death of another human being (3) with malice aforethought.
Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
Felony Murder
Georgia Code 16-5-1(c) provides that a person commits the offense of felony murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
Murder In The Second Degree
Georgia Code 16-5-1(c) provides that a person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
Sentencing Range
- A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
- A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.
Addison Waid has years of experience both prosecuting and defending violent crime cases.
Call The Law Office of Addison C. Waid IV, LLC today at 770-727-1088 or contact us online to see how he can help you defend this type of criminal case.
