How a driving charges can turn into a Assault, Battery and a Felony
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Before the onset of Covid 19 citizens were having a hard enough time with temperament while driving. Almost everyone can admit that at some point, traffic has made them angry while driving. What does not happen frequently, however, is that anger leading to road rage and then leading to charges of Aggravated Assault. Many people however don’t consider the implications of the charges until they happen to them. The Conyers Police Department recently charged two brothers from Brunswick Georgia with Aggravated Assault (according to the Rockdale Newton Citizen newspaper).
A couple was pulling into a shopping center in their vehicle when a Dodge Charger (that the brothers were driving) nearly collided with them and ran into each other. This resulted in a “almost” accident. However, its what happened after this incident that caused the issues that the brothers are now facing.
One of the brothers exited the vehicle and brandished a gun at the couple in the other vehicle. This action alone resulted in the charges that the brothers are now facing. Many people don’t realize that actions have consequences and here in particular the crime of Aggravated Assault. Aggravated battery is defined in O.C.G.A. 16-5-21 and involves, in this case, assaulting another with a weapon which would likely or could cause bodily harm. In this case, aggravated assault would be threatening the use of the weapon, which is what the state will have to prove. Assault and battery alone are serous charges and may be more applicable than the felony charge of aggravated assault which can carry up to 20 years in prison.
The offense of Simple Assault is defined by the statute from 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.
What about the driver of the vehicle or the girl that walked past the couple? Why are they being charged as well? Those individuals can be charged under Parties to a crime and as a result can also be charged with the crime of aggravated assault. Parties to a crime is used by the state to charge other members who didn’t actually participate in the brandishing of the weapon but could be charged as participating in some form. It is defined under OCGA 16-2-20, 16-2-21.
Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Simple Battery or Battery. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutors office.
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.
https://law.justia.com/codes/georgia/2017/title-16/chapter-5/article-2/section-16-5-21/
https://law.justia.com/codes/georgia/2017/title-16/chapter-5/article-2/section-16-5-20/
https://law.justia.com/codes/georgia/2019/title-16/chapter-2/article-2/section-16-2-20/
https://law.justia.com/codes/georgia/2019/title-16/chapter-2/article-2/section-16-2-21/
