Assault Performance Task

ASSAULT PERFORMANCE TASK

TASK

Your task as the District Attorney is to determine what charges, if any, for all four individuals involved in this incident. You should support your answer with an understanding of the definitions of simple assault, aggravated assault, aggravated battery, and robbery. In addition, was self-defense applicable to the scenario provided? Use the self-defense portion (based on Georgia jurisprudence) of the Document Library to formulate your answer.

QUESTIONS

QUESTION 1

My paper determines what charges to make, if any, for all four individuals in the provided scenario.

PREPARATION

You will find this information under Georgia Assault and Battery Laws:

(See Document Library Scenario Page 2, Pages 11-22)

QUESTION 2

My paper discusses the definitions of simple assault, aggravated assault, aggravated battery, and robbery.

PREPARATION

You will find this in the Document Library section titled Georgia Assault and Battery Laws/Georgia Criminal Code Title 16

(See Document Library Scenario Page 2, Pages 11-22)

QUESTION 3

My paper discusses the State of Georgia’s use of self-defense.

PREPARATION

You will find this in the Document Library section titled Georgia Criminal Code –Title 16 – Self Defense.

(See Document Library Scenario Page 2, Pages 19-20)

EXAMPLE

Assault Performance Task

(Student Name)

Professor ( )

CRJ 105

Assault Performance Task

On August 13, 2016 at approximately 8:43pm the Happy Town police department responded to a call reporting an assault at 111 Felony Drive regarding a white male bleeding from the face. When officers arrived at the scene two individuals were found suffering from serious injuries and were transported to the hospital; those men were identified as twenty-six-year-old white male named Bubba Hurt, and forty-one-year-old white male named Samuel Clark.

According to the police reports, Bubba Hurt has had previous violations with the law with both a misdemeanor and felony charge filed against him with the Happy Town Police Department. Police reports also indicate that Samuel Clark also has had previous charges but it’s not clear as to the nature of the charges or the penalty he faced because of the violations filed against him. The two remaining individuals involved were identified as twenty-four-year-old white male named Skeeter Redrum, and twenty year old Summer Breeze, who both also have misdemeanors filed against them with the Happy Town Police Department charged with theft.

According to the Criminal Code in State of Georgia Title 16-5-20, 16-5-21,16-5-23, and 16-5-24 (2010), police and witness reports according to the legal presumptions, consistently reflect the violations of simple assault, aggravated assault, and assault with a deadly weapon. The criminal’s intentions caused the fear, and inflicted bodily harm up to the extent of death of at least one of the suspects involved.

The following charges are for the individuals involving theft for the three criminal suspects involved in the crime are as follows:

Skeeter Redrum will be charged for one misdemeanor account, in violation of the State of Georgia according Code 16-5-20 section (a) (1) for one misdemeanor account of third and fourth degree assault for attempting to commit a violent injury to another person when confronting Mr. Clark with Bubba Hurt.

Mr. Redrum will also be charged for one felony account, in violation of the State of Georgia Code 16-5-20 Section (2), first, third and fourth degree misdemeanor assaults by committing an act placing another in reasonable apprehension of immediately receiving violent injury by kicking Mr. Clark when he was pushed to the ground; and punished by imprisonment for up to one year in jail and fined up to $1000.00, probation, and restitution. Mr. Redrum will also be charged for the following: according to Code 16-5-28 (1) misdemeanor account of simple battery for intentionally causing serious harm to another person, which is also punishable by up to one year in jail and fined up to $1000.00, probation, and restitution.

According to the police and witness reports Summer Breeze was seen taking her shoe and assisting Mr. Hurt, and Mr. Redrum assaulting Mr. Clark. The weapon used caused Mr. Clark to suffer severe injuries to his head resulting in a permanent brain injury.

According to Georgia state law, Ms. Breeze is found to be in violation of Code 16-5-20 section (1) and (2), as one misdemeanor for attempting to commit a violent injury to another and placing another in reasonable apprehension of receiving violent injury, punishable for up to one to twenty years in jail and $1000.00, probation and restitution; she also in violation of Title 16-5-21 section (2), in conjunction with aggravated first, and third degree assault by using an object offensively against another person of which inflicted serious bodily injury, and charged with (1) felony and punished by imprisonment for one to twenty years in prison, fines, and restitution. She is also charged with (1) felony account of aggravated battery by maliciously causing bodily harm to Mr. Clark depriving him of use and permanent disfigurement through brain injury, also punished by imprisonment for one to twenty years in prison.

Additionally, police reports indicate that this altercation was caused due to circumstances domestic in nature; in which the officer recorded that Bubba Hurt stated”, It was the last time he put his hands on her”. Though, there are no previous records of domestic violence on file it can be accurately noted that Ms. Breeze and Mr. Clark had a close relationship. However, there are no records that indicate that Ms. Breeze suffered any visible injuries by Mr. Clark, nor does it reflect that they both lived at the same residence for any length of time. Therefore, no charges can be held against her under Title 6-5-24 section (h) as an act of crime committed against a past or former spouse for lack of evidence.

Furthermore, according to police and witness reports Samuel Clark was met by Mr. Hurt, and Mr. Redrum while walking on the street to Ms. Breeze’s home. During the altercation Mr. Clark was threatened, and tried to walk away from the altercation. It began to rain, and he opened his umbrella while continuing to walk away. Bubba Hurt then shoved him from behind knocking him to the ground. As he stood up Skeeter Redrum began kicking him along with Bubba Hurt. Mr. Clark while on the ground on his back, being kicked; grabbed his umbrella in response and began to swing it and hit Mr. Hurt in the eye. Bubba suffered serious injuries during the altercation in which he was transported to the hospital after police arrived on the scene and was later pronounced dead.

Though, files indicated that Mr. Clark also had a history of criminal behavior which resulted in prior charges, there were no records on file to prove his violation or is innocence. Therefore, the only actions that can be considered is based evidence rendered through the police and witness reports that occurred during the assault that occurred on August 8, 2016.

According to Georgia Code under Title 16-3-21 section (a), the use of force in defense of self or others, which speaks to a person being justified if under the belief with sufficient evidence that the force was necessary in murder or manslaughter prosecution.

The evidence provided through police and witnessed reports, consistently justified that Mr. Clark was indeed physically assaulted. The evidence of the injuries he sustained were supported by finding him unconscious when police arrived on the scene, and through the hospital reports that he suffered from permanent brain injury because of the attack.

Therefore, as described under Title 6-3-21 section (a), Mr. Clark is justified with sufficient evidence, that force was necessary in defending himself against the attack in which he sustained. Unfortunately, in Mr. Clarks defense, despite his previous involvement and violations in other possible crimes, was not in any violation of the law in this scenario. In self-defense to prevent great injury or death to himself, he struck Mr. Hurt with his umbrella in the eye. Unfortunately, the injuries that Bubba sustained as defined in the Georgia’s self-defense law caused “great bodily harm” in which he later died from his injuries in the hospital.

In conclusion, Moreover, though reasonable evidence can be held against Bubba Hurt about his involvement in the assault committed against Mr. Clark, his untimely death prevented him from being charged and sentenced with punishment for pfglkafs[pgaf[pgfpg[fs[pgf[gagl[]g

Dfgp[dfgsdfh[k sgfhshdyfjtyjk gthdjhhhythyrhyrt dhgfhdhhrrht srthtrhrthtr trthrtthrthtrhtrhrthtrh

Rtherthtrhrthrt g s shghgfhfghj hdrthhd drtyh h rhrthetrh terhhtyhrthtrh wrthtrh rthtrh rthr