Aggravated Assault with a Pistol Whip
By Attorney Michael Barber
On January 29, 2025 officers with the Gwinnett County Police Department responded to a person shot call at a gas station on Lawrenceville Suwanee Road. Upon arrival they thought that they found a man who had been shot in the head. After investigation, the police reported that it appeared the victim and another man shoulder checked each other in the station store, according to Fox 5 News. Next the events bled out into the parking lot where the police say the victim was pistol whipped and then the gun went off. The Gwinnett Police department required the help of Hall County Sheriff’s office to detain the other individual involved in the altercation. This lead to charges of Aggravated Assault, Simple Battery, possession of handgun during commission of a crime and Possession of a handgun by a convicted felon. Many people don’t consider the implications of the charges until they happen to them.
Arguments get over heated resulting in a perfect scenario for losing tempers. In this situation tempers really got overwhelmed and the argument led to individuals getting into fisticuffs in the parking lot and then one person on the wrong end of a gun. Here the crime of Aggravated Assault, Simple Battery or Aggravated Battery come to light when you involve a fire arm, especially in a public area. Aggravated battery is defined in O.C.G.A. 16-5-24 and involves, in this case, assaulting another with a weapon which would likely or could cause bodily harm. Aggravated Assault the use of the weapon, which is what the state will have to prove, and a permanent disfigurement of the victim. Assault and battery alone are serous charges and may be more applicable than the felony charge of Aggravated Battery which can carry up to 20 years in prison.
Simple Assault is defined by O.C.G.A. 16-5-20. In part, this statute states that a person commits the offense of simple assault when they intentionally places a person in a position where they are placed in fear of immediate injury by their action. Obviously when gun fire erupted either party was probably in fear, but other patrons at the mall would have definitely been in fear.
The offense of Simple Battery is defined by the statute from O.C.G.A. 16-5-23 and Battery is defined in O.C.G.A. 16-5-23.1. In part, these statute states that a person commits the offense of simple battery when they intentionally make physical contact of insulting or provoking nature or causes harm to another. In this case each person was shot, so that would definitely qualify for the offense.
Lastly, Aggravated Assault. This is defined under O.C.G.A. 16-5-21 and involves intent to murder rape or rob with a deadly weapon, used offensively, results in strangulation or without legal justification by discharging a firearm. Obviously this means that the state has to prove intent, but the remainder would qualify under this code section.
Have you been arrested for Battery, Simple Battery, Aggravated Battery, Simple Assault or Aggravated Assault or even parties to a crime?
Every case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would take examination of the facts surrounding your case and creating a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
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