Simple Assault, Aggravated Assault or Aggravated Battery (Essay Sample)
My paper determines what charges to make, if any,
for all four individuals in the provided scenario. My paper discusses the definitions of simple assault, aggravated
assault, aggravated battery, and robbery. My paper discusses the State of Georgia’s use of self-defense. The specific
course learning outcome associated with this assignment is: Analyze what is legally defined as assault and self-
defense based on the criminal code for a given state.
Assault Performance Task
Course Number and Name
Assignment Due Date
Assault Performance Task
In the case presented on Samuel Clark, Bubba Hurt, Skeeter Redrum, and Summer Breeze, several charges are laid on them, which would amount to simple assault, aggravated assault, or aggravated battery. Georgia has enacted laws that state what the charges should be in case a person is found committing any of them. In the following discussion, a clear definition of the various crimes committed by the parties mentioned is given, and the charges accrue for any breach of any of them. The person in violation of them is also discussed, and their actions that amounted to the breach are well determined.
In an aggravated battery, a serious injury is inflicted on a person, leading to not being able to help themselves anymore or becoming seriously disfigured. Samuel Clark suffered a permanent brain injury that rendered him useless, and he could not help himself anymore. Before the determination of charges, it is important to determine the circumstances that led to the incident (Gosney and Zak, 2019). The incident started when Bubba Hurt shoved Samuel Clark, and this would amount to simple battery. Samuel Clark fell to the ground, and as he was helping himself up, Bubba Hurt kicked him back to the ground. This was an aggravated assault from Bubba Hurt, which would be his charge had he not died under the Crimes and Offenses Act 16-524.
Aggravated battery is treated as a felony and is punishable by imprisonment of between 1-20 years. Bubba Hurt intentionally led to bodily harm on Samuel Clark when he kicked him in the company of other people. Clark couldn't help himself in the presence of three people, and if Hurt were alive, he would be charged and serve a prison term for shoving and kicking Samuel Clark.
A witness in the scene, Alan Skittles, saw Skeeter Redrum kick Clark in the face taking him back to the ground. Samuel Clark was in a vulnerable situation when Skeeter decided to add him another kick yet, but Clark tried to avoid the violence from escalating. Skeeter's actions amounted to aggravated assault since he used force, likely to cause bodily harm to Clark. According to the state of Georgia's laws, a person commits aggravated assault when they commit an offense with an intention to kill, rob, or even rape; when they use a deadly weapon or an object, instrument, or device offensively on a person, leading to a serious injury to the body; when they use an object, instrument or device against a person, leading to strangulation (Henderson, 2021). The charge for aggravated assault is imprisonment of between 1-20 years
Summer Breeze hit Samuel Clark with a shoe, which led to him becoming unconscious, and both Skeeter and Bubba had beaten him at that time. By Summer kicking Clark a second time after being hit by Bubba, he exacerbated his injuries. The act resulted in aggravated battery, leading to grievous and permanent brain injury. Due to his actions, Summer was supposed to serve an imprisonment term of up to 20 years due to her assault on Clark's brain and body injuries.
Determining whether there was the use of a deadly weapon in battery and assault cases will depend on the circumstances and the extent to which the victim was injured. Samuel may present arguments that his use of the umbrella was for self-defence purposes, but he was sure that its use would cause harm to Bubba. This led to an injury to Bubba's eyes, making him succumb to the injuries thereof (Henderson, 2021). Whether the swinging of the umbrella was for self-defence or not, the fact that Samuel swung the umbrella amounted to aggravated battery. Such a crime attracts a punishment of over 20 years imprisonment, but given that Samuel hurt Bubba in self-defence, his charges would be a fine even if Bubba was still alive.
Simple assault results from an attempt to cause injury on the part of another person's body, either due to recklessness, knowingly, purposely, or due to negligence, leading to harm on a body. The person uses a deadly weapon or attempts to inflict fear of a severe resultant body injury and uses a physical menace (Gosney and Zak, 2019). Simple assault is referred to as a "crime against a person." It is easily misunderstood, but it is an offense that can be easily committed. By simply making a violent gesture to a person, and the person believes that they have been harmed, it is a form of simple assault.
Robbery is a felony offense in Georgia. Robbery involves a direct taking of property from or in the presence of the owner of the said property. This is regardless of whether they are taking them by force, intimidation, threat, or a sudden snatch. If you are convicted of robbery in Georgia, you are charged with a jail term imprisonment of one year to lifetime imprisonment. Armed robbery attracts the worst penalties.
When people feel threatened
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