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Typical Felonies

Elmer's Assessment of Assault

State crimes

Simple Assault

Elmer's sees two, maybe three different forms of assault. This crime is one of personal perception that usually involves more emotion, than injury. That's right. Generally, folks charged with Simple Assault don't actually commit physical harm or injury. What folks can do is scare the heck out of people because of the likelihood that someone threatens to, or put that other person at great risk of some violent harm or injury in different ways, in different places and at certain ages. This crime throws a very wide net. Luckily, it's a misdemeanor.

Now secondly, Aggravated Assault is an assault with some sort of Really Bad, Bad motives or intentions or maybe involving a very dangerous or potentially lethal object and especially when directed at certain different classes of people. This felony can get you 20 years in prison.

So, curiously, the legislature threw a third paragraph in that involves an Assault With the Intent to Commit a Crime. Now this one is a doozzie! it doesn't let us know if it is a felony or a misdemeanor, it just says that you can't be convicted of both the assault you attempted to commit and the crime itself. The jury has to pick one, but not both. Thanks, guys!

By the Book:

Simple Assault: Georgia Code Title 16, Section 16-5-20 (a) A person commits the offense of simple assault when he or she either:

(1) Attempts to commit a violent injury to the person of another; or

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

(b) Except as provided in subsections (c) through (f) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor.

(c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, ‘public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state.

(d) If the offense of simple assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.

(e) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(f) Any person who commits the offense of simple assault against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, ‘school property' shall include public school buses and stops for public school buses as designated by local school boards of education.

Aggravated Assault: Georgia Code Title 16, Section 16-5-21 (a) A person commits the offense of aggravated assault when he or she assaults:

(1) With intent to murder, to rape, or to rob;

(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or

(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

(b) Except as provided in subsections (c) through (i) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.

(c) A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(d) Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

(e)(1) As used in this subsection, the term ‘correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term ‘correctional officer' shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

(2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(f) Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years. For purposes of this Code section, ‘public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.

(f.1) Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term ‘vehicle' includes without limitation any railcar.

(g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.

(h) Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

(i) If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.

Assault With Intent to Commit A Crime: Georgia Code Title 16, Section 16-5-22. A person may be convicted of the offense of assault with intent to commit a crime if the crime intended was actually committed as a result of the assault but may not be convicted of both the assault and completed crime.

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Georgia, simple assault is any act or attempt to cause violent bodily harm to another party. However, there are various factors to take into consideration if you have been charged with simple assault. For instance, you may have been acting in self-defense or have been falsely accused. Georgia Defense Attorney Elmer Pete Young can fight for your rights and ensure you get a fair trial.

Theft

A theft crime accusation can leave chaos in its wake – easily ruining your reputation, career, and personal relationships. On top of all of that, you could face imprisonment or significant fines if you are convicted. If you don't have the right attorney on your side, you could end up paying for it with time served. If you are accused of a theft crime, you need a defense attorney who is on your side and has decades of experience successfully defending the accused. You need intense defense.

Elmer's Forgery Factoid

Is this a forgery or not? That question gets asked and sometimes needs an expert to answer. No we're not talking about art right now, while some really good artists create forgeries. Here  we're talking about placing signatures on documents, not so much on whether the signature is authentic. Example: take out a sheet of paper and sign the name Elmer H. Young on every line. No forgery happens there.( Although a good way to get potential clients to remember my name!) What's missing in the example is the element of intention to defraud Elmer. Without that intent it's just so much practice in penmanship, right? Or should that be penpersonship??

By the Book:

First Degree: Georgia Code Title 16, Section 16-9-1

(a) A person commits the offense of forgery in the first degree when with intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing. (b) A person convicted of the offense of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years.

Second Degree: Georgia Code Title 16, Section 16-9-2 (a) A person commits the offense of forgery in the second degree when with the intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

(b) A person convicted of the offense of forgery in the second degree shall be punished by imprisonment for not less than one nor more than five years.

Title 16, Section 16-9-3 For purposes of Code Sections 16-9-1 and 16-9-2, the word ‘writing' includes, but is not limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.

 Commonly, a forgery conviction can result in imprisonment, hefty fines, probation, and/or restitution. In these cases, it is crucial to consult with an experienced criminal defense attorney as quickly as possible to help build your case. If you or a loved one is charged with forgery, call Georgia Defense Attorney Elmer Young today.

Honors & Recognition

Mr. Young's success in obtaining non-DUI dispositions in his DUI/DWI cases has earned him the respect of his peers and clients alike. He has earned a LegalMatch Five-Star rating and a coveted 10 Avvo Rating. His high ratings reflect his ability to help his clients.

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