A case scenario of the degrees of assault

Introduction

            Assault gets defined as the act of making an attack that is of a physical nature against a person. The state of Georgia breaks down the offense of assault into degrees that include simple assault and aggravated assault. Simple assault is a misdemeanor offense, while aggravated assault is a felony. The offense of battery is also broken down into the misdemeanor, which is simple battery and the felony that is aggravated battery. Robbery is the act of taking property from a place or person by force or by threatening to force. This paper seeks to address a case scenario an address whether the above offense is brought out in the actions of the parties involved. The offenses will be addressed in accordance with the laws of the state of Georgia as well as establish the use of self-defense in the state of Georgia.

Charges

Bubba Hurt

            Bubba Hurt began the assault by kicking Samuel Clark on the face leading him to fall on the sidewalk. While Samuel was on the ground on his back after being kicked by Skeeter Redrum, Bubba Hurt kept hitting him.Georgia Code Title 16. Crimes and Offenses § 16-5-23 define simple battery to entail a person making intentional physical contact of a nature that is provoking with the person of another. In this case, Bubba Hurt will be charged with a misdemeanor for the offense of simple battery committed against Samuel Clark(Stevenson & Mayson, 2018). Bubba kicked Samuel to fall on the ground, and even when he was on the ground, he kept kicking. He is therefore punishable for a misdemeanor. A second count can be charged against Bubba for the offense of simple assault arising from the threats he and Skeeter posed to Samuel Clark, threatening him that that should be the last time he touches Summer Breeze. The charge of a misdemeanor for this offense gets described by the Georgia Code Title 16. Crimes and Offenses § 16-5-20

Skeeter Redrum

            When Samuel Clarke tries to stand up after having been kicked down on the sidewalk by Bubba Hurt, Skeeter Redrum kicks him on his face causing him to fall on the street. This amounts to the offense of simple battery as provided for under the Georgia Code Title 16. Crimes and Offenses § 16-5-23 that describes simple battery as the act of intentionally causing physical harm to another(Code n.a). Skeeter Redrum can be charged with a second count of simple assault that arises from the threats that he and Bubba posed to Samuel Clarke, threatening him to leave Sumer Breeze alone. The charge for the offense of simple assault shall be a misdemeanor as provided for under Georgia Code Title 16. Crimes and Offenses § 16-5-20.

Samuel Clark

            As Bubba Hurt kept hitting Samuel Clark, he swung his umbrella and hit Bubba Hurt in the eye. In this case, Samuel Clark can be charged with the offense of aggravated battery, which gets defined under the Georgia Code Title 16. Crimes and Offenses § 16-5-24 as causing malicious harm to another person’s body by rendering a member of his or her body useless or by depriving him of a member of his or her body(Code n.a). Samuel Clarke intentionally hit Bubba Hurt with an umbrella, which resulted in the injury in his eye. In this case, Samuel Clark hit Bubba Hurt in the eye rendering his eye unable to see and thus useless. The punishment for this offense, as provided by the Georgia Code Title 16 above, will be a term in prison for not less than and not more than 20 years. Samuel Clark could be charged with a second count of aggravated assault, which the Georgia Code Title 16. Crimes and Offenses § 16-5-21 provides for defining aggravated assault as assaulting with any instrument, device, or object that can cause serious bodily harm or injury when used offensively against a person. In this case, Samuel Clarke used the umbrella maliciously as an object to attack Bubba Hurt(Code n.a). This amounts to another term in prison of not less than or more than 20 years. Also, the injury that was caused by the attack using the umbrella eventually contributed to the death of Bubba Hurt, adding to the aggravated assault offense.

Summer Breeze

            As Samuel Clarke tried to stand up, Summer Breeze used her shoe to hit him on the head, causing him to lose consciousness. After being taken to the hospital, it got established that Samuel had suffered a permanent brain injury from the impact of the shoe on his head. In this case, Summer Breeze will be charged with the first count of a felony for aggravated assault against Samuel Clarke that gets provided for under the Georgia Code Title 16. Crimes and Offenses § 16-5-21 as she attacked Samuel with an instrument that is reasonably likely to cause physical harm, the second count she will be charged with will be for the offense of aggravated battery under Georgia Code Title 16. Crimes and Offenses § 16-5-24 in which she assaulted Samuel Clarke with a weapon that rendered a part of his body, the brain useless(Code n.a). Both of these offenses will be punishable for a prison sentence of not more and not less than 20 years each.

Use of self-defense in the state of Georgia

            The right to defend oneself against death or injury is a legal protection that all people are entitled to as provided by international law(Hessbruegge, 2017). Different states have their own provisions regarding when and where the self-defense right can be exercised. The state of Georgia is among the states that have the laws that entail standing your own ground. The Georgia Code Title 16. Crimes and Offenses § 16-3-21 provides that a person is justified to use or threaten to use force against another when he or she reasonably believes that the use of such force is necessary to defend a third party or themselves against the imminent use of forces that is unlawful (Code n.a). In this case, therefore, Samuel Clarke can use the defense of self-defense in his trial by proving that his use of the umbrella to attack Bubba Hurt was in protecting himself from the imminent harm that he was facing from the way Bubba Hurt was hitting him.

Conclusion

            The crimes that the scenario presents include simple assault from the manner in which Bubba Hurt and Skeeter Redrum attacked and threatened Samuel Clark. Samuel Clark eventually fought back with his umbrella causing ham to Bubba Hurt’s eye which amounts to be aggravated battery as well as an assault which Samuel Clark could argue to be an offense committed in self-defense as he was being attacked by the two and he could have sustained further injury if he did not defend himself. Summer Breeze committed aggravated battery by attacking Samuel by hitting his head with a shoe amounting to permanent brain injury.

References

Code, G. Title 16 Crimes, and Offenses.

Hessbruegge, J. A. (2017). Human rights and personal self-defense in international law. Oxford University Press.

Stevenson, M., & Mayson, S. (2018). The scale of misdemeanor justice. BUL, Rev., 98, 731. Retrieved from 

https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/bulr98&section=23

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