Assault in Georgia
Savannah Criminal Defense Lawyer
Often, the weapon used or the extent of the injury sustained will be the deciding factor in distinguishing aggravated from simple assault. A person need not injur someone for an assault to happen. An accused may commit an assault although he exerts no degree of strength or power when touching the victim. The force however must be offensive or an affront to the other persons dignity. A push or pinch may be enough to prove an assault.
The following factors play an important role in determining assaults:
1. The type of weapon employed or the use of an object as a weapon
2. The seriousness of the injury
3. The intention of the person to cause serious injury
Aggravated Assault includes the attacks using personal weapons such as hands, arms, feet, fists, and teeth that result in serious or aggravated injury. In order for an assault to meet the definition of an aggravated assault, the injury must be much more substantial. An aggravated assault includes injury that wounds, maims, disfigures or endangers the life of another. All assaults which do not involve the use of a firearm, knife, cutting instrument, or other dangerous weapon and in which the victim did not sustain serious or aggravated injuries are simple assaults. There is should be an intentional application of force. Accidentally hitting someone during the course of an epileptic seizure, for example, would not constitute an assault.
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