Assault Performance Task
Question
Assault Performance Task
Scenario
Case Number: 1111111
Date: August 13, 2016
Reporting Officer: Colt Winchester
Incident Type: Crime Against the Person
Address of Occurrence: 111 Felony Drive, Happy Town,
GA 15486
Witnesses:
Alan Skittles: Store owner. Male, 43, Latino
Michael Smith: Employee. Male, 21, African American
Andrea Sianturi: Customer. Female, 27, Asian American
Weapon or Objects Used: Umbrella or Shoe
On August 13, 2016, at approximately 20:43, officers
responded to 111 Felony Drive in regard to a white male bleeding from his face.
The victim, Samuel Clark, was friends with a female, Summer Breeze
who lived at 111 Misdemeanor Lane. Mr. Clark was walking to Ms. Breeze’s
residence approximately one block east of Mr. Clark’s residence. As Samuel
Clark turned the corner, he observed two white men approaching him. A witness,
Alan Skittles, identified the two men as Bubba Hurt and Skeeter Redrum. Both
Bubba Hurt and Skeeter Redrum began yelling at Samuel Clark for him to leave
Summer Breeze alone and that it was the "last time he put his hands on
her." It began to rain, so Samuel Clark opened his umbrella and continued
to walk north on Felony Drive. Bubba Hurt shoved Samuel Clark from behind,
causing Samuel Clark to fall to the sidewalk. When Samuel Clark began to pick
himself up from the sidewalk, Skeeter Redrum kicked Samuel Clark in the face
causing Samuel Clark to fall onto the street. While Samuel Clark was lying on
his back in the street, Bubba Hurt began to kick Samuel Clark. In response,
Samuel Clark grabbed his umbrella and swung, hitting Bubba Hurt in his eye. As
Samuel Clark stood up, Summer Breeze hit Samuel Clark in the side of his head
with her shoe rendering Samuel Clark unconscious. A witness to the incident
contacted 911 to respond. Samuel Clark and Bubba Hurt were taken into custody
and transported to the hospital. Summer Breeze and Skeeter Redrum were taken
into custody and transported to the Police Headquarters. Bubba Hurt died at the
hospital, and Samuel Clark suffered a permanent brain injury.
Instructions
To complete this assignment, act as the District Attorney
and complete the following:
Determine what charges, if any, for all four individuals
involved in this incident.
Provide definitions of simple assault, aggravated assault,
or aggravated battery.
Describe your knowledge regarding self-defense.
Use Week 8 Assignment Document Library [PDF] to
formulate your answers.(Document included)
Your assignment should be four-page typed, double spaced,
using Times New Roman font (size 12), with one-inch margins on all sides; all
references used should come from the Document Library.
Formatting Requirements
This course requires the use of Strayer Writing Standards.
For assistance and information, please refer to the Strayer Writing Standards
link in the left-hand menu of your course. Check with your professor for any
additional instructions.
Self-Assessment Checklist
Use this to check your work before you submit your
assignment:
My paper determines what charges to make, if any, for all
four individuals in the provided scenario.
My paper discusses the definitions of simple assault,
aggravated assault, aggravated battery, and robbery.
My paper discusses the State of Georgia’s use of
self-defense.
The specific course learning outcome associated with this
assignment is:
Analyze what is legally defined as assault and self-defense
based on the criminal code for a given state.


Solution
Assault Performance Task
Four people engaged in this event are
all guilty of numerous offenses pursuant to Georgia's Criminal Code Title 16 on
Assault and Battery. Aside from aggravated battery and aggravated assault
charges, Bubba Hurt and Skeeter Redrum have each been found guilty of three
counts of assault: one count each of simple assault and a first-degree
aggravated assault. On the other side, Summer Breeze is the one liable for a first-degree
aggravated battery. Bubba Hurt was the victim of a first-degree aggravated
assault committed by Samuel Clark. Assault and Battery Laws under Title 16 of
the Georgia Criminal Code adequately prove the allegations as mentioned above
against the four persons identified in each report, as the following legal
explanation shows.
The Georgia Criminal Code Title 16 on
Assault and Battery Laws defines a simple assault as an effort to inflict a
violent injury on another person or put them in a situation where it is
reasonable that they would be damaged. No physical contact is required to
violate this statute; merely threats or statements that arouse fear in the
listener are sufficient. This assault was carried out by Bubba Hurt and Skeeter
Redrum. Because they warned Samuel Clark to let Summer Breeze alone, or it
would have been his final chance to see her. Samuel Clark sped up because he
feared Bubba Hurt and Skeeter Redrum, demonstrating that he thought they might
hurt him. The two, first of all, breached this basic attack.
Georgia Criminal Code Title 16 on
Assault and Battery Laws defines aggravated assault as attacking someone with
the goal of robbing, sexually assaulting, or murdering them, as defined by the
Georgia Criminal Code. In Georgia, assault is defined as the intentional effort
to inflict bodily damage to another person—for example, striking someone with
an object or hand and failing to hit them (Hall 139). Additionally,
any intentional threat or action that causes a person to reasonably fear imminent
harm is considered an assault by the legal definition. In some cases,
threatening to beat someone or break their arm might be considered assault if
it seems that the assailant has the power to carry out that menace and the
victim has a reasonable expectation that the assailant is going to do so. Any
weapon or anything capable of inflicting significant physical harm when used
aggressively against a person can likewise be used in this manner (Barlow &
Kauzlarich 35). According to the incident report, Bubba Hurt shoved Samuel
Clark with his elbow, causing him to fall on the ground, then kicking him in
the head. Skeeter Redrum also kicked him many times. A human body component,
such as the elbow or leg, was utilized as a weapon against Samuel Clark, making
this an aggravated assault on the part of his attackers. As a first-degree
severe assault, it halted the victim's injuries.
The Georgia Criminal Code Title 16 on
Assault and Battery Laws defines aggravated battery as bodily, maliciously, and
willfully inflicting substantial damage on the victim (Hall 143). They are both
convicted of battery because they harmed Samuel Clark after he was repeatedly
kicked on the head and face to the point where he was bleeding profusely.
Physical contact was used to inflict harm on the victim. It's Summer Breeze's
fault, too, that this law was broken. This is because she struck Samuel Clark
with his sneaker, knocking him out cold and causing lifelong brain damage as a
result. As a first-degree aggravated battery, Summer Breeze's attack on him
caused him to lose some function in one of his bodily parts.
Since Bubba Hurt died, Skeeter Redrum
and Summer Breeze must face their respective accusations. Skeeter Redrum has
been found guilty of two felony assault charges under the Georgia Criminal Code
Title 16 on Assault and Battery Laws. Because of this, he will be sentenced to
jail for a total of 10 years in each case (Barlow & Kauzlarich 43). One
year in jail will be added to his sentence because of his guilty plea to a
minor assault charge. All three phrases will be running at the same time.
According to Georgia Criminal Code Title 16 on Assault and Battery Laws, Summer
Breeze is guilty of a first-degree aggravated battery and will be sentenced to
15 years in prison.
Self-defense does not apply in this
situation, according to the evidence given in the case. Georgia Criminal Code
Title 16 on Self Defense states that a person has the right to threaten or use
force against another when and as much they believe such threat is necessary
for self-defense and that's when they trust that the potential danger will
cause him immediate harm or death (Hall 140). However, one must prove beyond a
reasonable doubt that the threats employed by the individual threatening them
were lethal before they may be justified in such a claim. These may include
incidents from adulthood or childhood that show that the individual in question
has previously harmed another person or is mentally ill.
In this case, the only evidence
available is the testimony of three witnesses who were there during the whole
episode. However, it is hard to tell whether the witnesses saw what actually
happened or whether they were making up stories because of the torrential rain.
All of the witnesses stated that it was raining and could not accurately
describe what they saw due to the cloudy conditions. There exist pieces of
evidence that Samuel Clark, armed with an umbrella, hit Bubba Hurt in the face,
causing him to lose consciousness. Summer Breeze chased after Bubba Hurt after
the cynic's arrow struck him. Another way to look at Summer Breeze is to think
of her as someone who was trying to protect Bubba Hurt. There is no proof that
the defendants were on the verge of murdering the plaintiff in either case.
Even if the victim had not reacted, the attackers would probably have ceased
kicking him around. They did not have any weapons.
Consequently, it is possible to draw
a legal conclusion that the victim is guilty of first-degree aggravated battery
due to the incident. As a result, because there is insufficient evidence to
establish self-defense under Georgia Criminal Code Title 16 on Self-Defense,
the person will be charged with using an item to maliciously, physically, and
intentionally cause the death of Bubba Hurt, in accordance with Georgia
Criminal Code Title 16 on Self Defense (Barlow & Kauzlarich 51). As a
result, the victim, having suffered irreparable brain damage, will be sentenced
to 20 years in a mental institution for the mentally challenged. He will be
able to complete his sentence in this manner.
Works Cited
Barlow,
Hugh D., and David Kauzlarich. Introduction to criminology. Boston:
Little, Brown, 1984.
Hall,
Livingstone. Georgia Criminal Code: Georgia Assault and Battery Laws. Journal
of Criminal Law and Criminology (1931-1951), 31(2) (2016), 133-158.




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