Assault and (1) with intent to murder, rape, or rob, (2) with a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, or (3) drive-by. O.C.G.A. 16-5-21(a). May be convicted of intent to commit a crime even if crime intended was completed, but may not be convicted of both. O.C.G.A. 16-5-22.351
Deadly weapon can be determined by all the circumstances surrounding the weapon, the manner in which it was used, and the wounds inflicted. Harwell v. State, 270 Ga. 765 (1999); Boling v. State, 244 Ga. 825 (1979). Hands, feet, and automobiles are not per se deadly weapons, but can be. Turner v. State, 281 Ga. 487 (2007); Skaggs v. State, 278 Ga. 19 (2004). Deadly weapon if reasonably appeared to the victim to be deadly, even if weapon was not actually capable of inflicting deadly harm. Ortiz v. State, A08A0038 (2008). An offensive weapon is a weapon primarily meant and adapted for attack and infliction of injury, but practically the term includes anything that would come within the description of a deadly or dangerous weapon. Ware v. State, 289 Ga. App. 860 (2008).
Jury charge that does not include the statutory definition of "assault" is fatally insufficient. Coney v. State, 290 Ga. App. 364 (2008). In the attempted battery aggravated assault with a deadly weapon, the attempted or the completed injury to the victim is the intended consequence of the defendant's act. Threatened or actual injury to a victim by means of a deadly weapon that results from a defendant's criminal negligence constitutes the offense of reckless conduct.
Caselaw Part 2
The reasonable apprehension aggravated assault with a deadly weapon looks to the victim's state of mind rather than the accused's. There is an intent of the accused that must be shown, but it is only the criminal intent to commit the acts which caused the victim to be reasonably apprehensive of receiving a violent injury, not any underlying intent of the accused in assaulting the victim. Dunagan v. State, 269 Ga. 590 (1998); Louis v. State, 290 Ga. App. 106 (2008) (attempted battery type requires a finding of an intent to injure, which precludes the element of criminal negligence in reckless conduct; however, reasonable apprehension type does not exclude a finding of guilt for reckless conduct).
Caselaw Part 3
Intent to murder requires proof of all elements of murder except victim's death; and intent to kill will not be presumed. Passley v. State, 194 Ga. 327 (1942); Jackson v. State, 51 Ga. 402 (1874). Intent to rape requires a substantial step toward committing a battery, not a rape; otherwise it would be attempted rape. Bissell v. State, 153 Ga. App. 564 (1980). Intent to rob requires reasonable apprehension of receiving bodily injury and intent to rob. Duncan v. State, 290 Ga. App. 32 (2008).T
1 to 20Y, except if drive-by. O.C.G.A. 16-5-21(b).
Drive-by, victim peace officer or correctional officer, use of firearm in school, then 5 to 20Y. Id. at (c); (e)(2); (h); (i).
Victim 65 yrs. old or older, public transit vehicle or station, family member (except against siblings), then 3 to 20Y. Id. at (d); (f); (j).
Intent to rape child under 14, then mandatory 25Y up to 50Y and at least 1Y probation. Id. at (k).
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