Analyzing the Case Against Bubba Hurt (Essay Sample)

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Assault Performance Task
Introduction
As the District Attorney defending Samuel Clark according to Case Number: 1111111, the following people will be charged separately for aggravated assault, aggravated battery, and simple assault based on their actions in the incident that happened on August 13, 2016: Bubba Hurt, Skeeter Redrum, and Summer Breeze. On this date at approximately 20:43, officers responded to an incident involving a white male whose face was bleeding after an attack. The incident happened in 111 Felony Drive and the following people are the witnesses: A Latino store owner called Alan Skittles: 43 year old Male. The second witness is an African American employee by the name Michael Smith: 21 year old Male, and the third witness is an Asian American customer, Andrea Sianturi: 27 year old female. An umbrella and a shoe are the objects used as weapons in the scene. Based on the information gathered from the witnesses, Bubba Hurt, Skeeter Redrum, and Summer Breeze will be charged separately according to how they contributed in the incident.
Case against Bubba Hurt
According to the information gathered from the witnesses, Bubba Hurt and Skeeter Redrum threatened Samuel Clark by telling him that it was the last time that he will lay hands on her. Based on my experience and knowledge, Bubba Hurt should first be charged for aggravated assault. According to the legal presumptions, aggravated assault is the act of inflicting fear to someone regardless of physical harm caused. Although Hurt did not physically harm Clark at that particular time, he should be charged for threatening him. Aggravated assault is divided into four degrees to simplify how various offences can be charged. According to Hurt’s actions, the fourth degree of assault applies. This degree applies to minor threats of harm to the victim. The fourth degree of aggravated assault should be charged on Bubba Hurt because together with Skeeter Redrum, they threatened Samuel Clark that it will be the last time to lay hands on Summer Breeze.
Simple assault is the second charge on Bubba Hurt. The witnesses claim that Hurt shoved Samuel Clark making him to fall. According to Title 16 of Georgia Criminal code, simple assault is committed when a person attempts to inflict a violent injury to another person. The person who commits such an act is guilty of misdemeanor. This act does not have to involve physical touching to be charged as a violation of the law. The threatening words that Hurt told Clark is enough to charge him for simple assault. The penalty for misdemeanor includes a jail term of one year, a maximum fine of $1000, restitution, and probation. However, if the charge is elevated to an act of aggravated or high misdemeanor, the penalties might be increased to fines amounting to $5,000 and a jail term of one year. A high or aggravated misdemeanor should be charged on Hurt if his actions was based on domestic altercations. However, the reason why hurt contributed to this assault apart from protecting Summer Breeze is still unknown. Therefore, the charges on Hurt should not be elevated to high misdemeanor until further investigations are made concerning the reason why he attacked Clark.