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Assignment 3: Assault Performance Task
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Course title: CRJ105_ASSIGNMENT
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Charges, assault and battery
In aggravated battery, there is serious injury on and in Georgia when this leads to the victim becoming useless of seriously disfigured. As Clark suffered permanent brain injury this rendered him useless, but then there is a need to corroborate information about the incident. To begin with, Bubba Hurt shoved Samuel Clark and this would be considered simple battery, but while Clark was lying on the streets, Hurt kicked him. As such, there was aggravated assault on the part of Bubba Hurt and if he had not died. Under Crimes and Offenses § 16-5-24, aggravated battery is a felony and punishable between one and twenty years in prison (Findlaw.com, 2018). Bubba intentionally caused bodily harmed since he kicked Samuel in the company of two other persons. It is unlikely that Clark would not have been in a position to defend himself from three attackers kicking him. If Bubba were alive the appropriate charges would have been prison time since he shoved and kicked Clark.
Alan Skittles who witnessed the altercation saw Skeeter Redrum kicked Samuel Clark in the face, and the victim fell onto the street. Clark was in a vulnerable position when Skeeter decided to kick him yet, Clark tried to avoid escalation of violence. Skeeter committed aggravated assault since there is use of force and this likely caused bodily harm. The prison terms ought to be between one year and 20 years in the case of aggravated assault in the state of Georgia. Summer Breeze. In the case Summer Breeze who hit Clark with her shoe rendering and he became unconscious, Clark had been kicked by both Bubba and Skeeter at that point in time. Even if Summer hit Clark only once could not recovered from the brain injury and probably aggravated his injuries. Hence, this is aggravated battery, which caused grievous and permanent brain injury. Summer Breeze ought to serve prison time of up to 20 years because she assaulted Clark who then suffered bodily and brain damage
The determination of whether a deadly weapon was used in assault and battery cases depends on the circumstances and the victim’s injuries. While Samuel may argue that he used the umbrella on self defense, he knew that it was likely to cause harm, and this is what happened to Bubba’s eye who also succumbed to his injuries. Event though, Samuel Clark caused bodily harm to Bubba, it was because he swung the umbrella, and he committed aggravated battery. While such a crime is punishable by one to twenty years in prison, I would recommend fine even if Bubba had not died since Clark was acting in self defense.
Assault, battery, and robbery
Simple assault is an attempt to cause causes bodily injury to another person, or purposely, knowingly, or recklessly, or negligent causing bodily injury using a deadly weapon or attempting to cause fear of imminent serious bodily injury and using physical menace (Lippman, 2013). Aggravated assaults are attempts to cause serious injury, under circumstances where there is extreme to the indifference to the value of human life or attempts to the use of a dangerous or deadly weapon, to cause serious bodily harm (Lippman, 2013). Aggravated battery is unlawful bodily injury or an offensive contact with another, which causes serious injury, where there is intention to kill, seriously harm or disfigure another person (Findlaw.com.com 2018). Robbery or aggravated larceny is forcibly taking and carting another person’s property with the intention to steal either using violence or intimidation (Lippman, 2013).
Charges and self- defense in Georgia
For anyone i...