Assault Performance Task
Assault Performance Task
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
- 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.
- 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.
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.
- 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.
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.
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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