Assault

From ArticleWorld

Assault is the crime committed when a person threatens to inflict physical harm or injury upon another. When the act is consummated, then the crime is no longer assault but Battery.

Assault is considered a misdemeanor but aggravated assault is considered a felony.

Elements

1. A threat
2. to commit harm or injury
3. upon another person
4. Ability or capability of the person threatening to cause the harm or injury

Assault can come in many forms such as assault using a weapon, aggravated assault or sexual assault.

In Georgia and other states, assault is classified and penalized as follows:

1. Simple assault-it is an attempt to inflict injury to another and is punishable by up to one year in prison or a fine of $1,000.
2. aggravated assault-there is not only an attempt to cause injury but more importantly, an attempt to commit a graver offense like rape or murder. A simple assault also becomes aggravated when a deadly weapon is used or a gun is used pointing towards other people. This is a felony and is punishable by one to 20 years in prison.

An assault against a public officer who is on duty is punishable by five to 20 years imprisonment while an assault against a person over 65 years of age is punishable by imprisonment of from three to 20 years.

If the assault is committed in a public vehicle or a public station, it is punishable by imprisonment of from three to 20 years. If committed with the use of a firearm aimed at a student or a teacher, then it is punishable by imprisonment of fiver to twenty years.

Defenses

A person who is being charged with assault can claim several defenses including consent of the alleged victim, an example of which is in sadomasochistic sex cases.

The defendant can also claim self defense or defense of another, provided a reasonable force was used to repel the aggression.