GA Code § 16-5-21 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 5 - Crimes Against the Person|Article 2 - Assault and Battery|§ 16-5-21. Aggravated Assault

  A person commits the offense of aggravated assault when he or she assaults:   With intent to murder, to rape, or to rob;   With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;   With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or   A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.     Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.     A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:   When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years and shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum;   When such assault does not involve the discharge of a firearm by a person who is at least 17 years of age, and does not involve only the use of the person's body, such person shall be punished by imprisonment for not less than five nor more than 20 years and, for persons who are at least 17 years of age, shall be sentenced to a mandatory minimum term of imprisonment of three years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; or   When such assault occurs only involving the use of the person's body, by imprisonment for not less than five nor more than 20 years.     A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.   As used in this subsection, the term "firearm" means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.     Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.   Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.   Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term "vehicle" includes without limitation any railcar.   Except as provided in subsection (c) of this Code section, a person convicted of an offense described in paragraph (4) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.   Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.   If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.   Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.   A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.    (Laws 1833, Cobb's 1851 Digest, pp. 787-789; Laws 1840, Cobb's 1851 Digest, p. 788; Code 1863, §§ 4250, 4258, 4259, 4260; Ga. L. 1866, p. 151, § 1; Code 1868, §§ 4285, 4293, 4294, 4295; Code 1873, §§ 4351, 4359, 4360, 4361; Code 1882, §§ 4351, 4359, 4360, 4361; Penal Code 1895, §§ 97, 98, 99, 100; Penal Code 1910, §§ 97, 98, 99, 100; Code 1933, §§ 26-1403, 26-1404, 26-1405, 26-1406; Code 1933, § 26-1302, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1976, p. 543, § 1; Ga. L. 1982, p. 1242, § 2; Ga. L. 1984, p. 900, § 1; Ga. L. 1985, p. 628, § 1; Ga. L. 1991, p. 971, §§ 3, 4; Ga. L. 1994, p. 1012, § 8; Ga. L. 1994, p. 1920, §§ 1, 2; Ga. L. 1996, p. 988, § 1; Ga. L. 1997, p. 1453, § 1; Ga. L. 1999, p. 381, § 3; Ga. L. 2000, p. 1626, § 1; Ga. L. 2003, p. 140, § 16; Ga. L. 2004, p. 1072, § 1; Ga. L. 2006, p. 379, § 4/HB 1059; Ga. L. 2010, p. 999, § 1/HB 1002; Ga. L. 2011, p. 752, § 16/HB 142; Ga. L. 2014, p. 432, § 2-2/HB 826; Ga. L. 2014, p. 441, § 1/HB 911; Ga. L. 2014, p. 599, § 3-1/HB 60; Ga. L. 2015, p. 422, § 5-19/HB 310; Ga. L. 2016, p. 582, § 1/HB 979; Ga. L. 2017, p. 500, § 3-2/SB 160.)    The 2017 amendment,  effective July 1, 2017, deleted subsection (a), which read: "As used in this Code section, the term 'strangulation' means impeding the normal breathing or circulation of blood of another person by applying pressure to the throat or neck of such person or by obstructing the nose and mouth of such person."; redesignated former subsections (b) and (c) as present subsections (a) and (b), respectively; substituted "subsections (c) through (k)" for "subsections (d) through (n)" in subsection (b); redesignated former subsections (d) and (e) as present subsections (c) and (d), respectively; rewrote present subsection (c); deleted former subsection (f), relating to defining the term "correctional officer"; redesignated former subsection (g) as present subsection (e); deleted the second sentence of subsection (e), which read: "For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20."; redesignated former subsections (h) and (i) as present subsections (f) and (g), respectively; in subsection (g), substituted "Except as provided in subsection (c) of this Code section, a" for "A" at the beginning, and substituted "subsection (a)" for "subsection (b)" in the middle; redesignated former subsections (j) through (m) as present subsections (h) through (k), respectively; deleted the former second sentence in subsection (k), which read: "As used in this subsection, the term 'officer of the court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, court interpreter, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42."; and deleted former subsection (n), which read: "A person who knowingly commits the offense of aggravated assault upon an emergency health worker while the worker is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. As used in this subsection, the term 'emergency health worker" means hospital emergency department personnel and emergency medical services personnel.".   Cross references.   - Indemnification program for law enforcement officers, firefighters, and prison guards killed or injured on duty, § 45-9-80 et seq.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1994, since both Ga. L. 1994, p. 1012 and p. 1920 enacted a new subsection (g), the amendment by Ga. L. 1994, p. 1012 has been redesignated as subsection (h).   Editor's notes.   - Ga. L. 1994, p. 1012, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "School Safety and Juvenile Justice Reform Act of 1994."   Ga. L. 1994, p. 1012, § 2, not codified by the General Assembly, sets forth legislative findings and determinations for the "School Safety and Juvenile Justice Reform Act of 1994."   Ga. L. 1994, p. 1012, § 29, not codified by the General Assembly, provides for severability.   Ga. L. 1999, p. 381, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Crimes Against Family Members Act of 1999'."   Ga. L. 1999, p. 381, § 7, not codified by the General Assembly, provides that: "Nothing herein shall be construed to validate a relationship between people of the same sex as a 'marriage' under the laws of this State."   Ga. L. 2006, p. 379, § 1/HB 1059, not codified by the General Assembly, provides that: "The General Assembly finds and declares that recidivist sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Many sexual offenders are extremely likely to use physical violence and to repeat their offenses; and some sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. The General Assembly finds that this makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. The General Assembly further finds that the high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes:   "(1) Incarcerating sexual offenders and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space;   "(2) Requiring the registration of sexual offenders, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public;   "(3) Providing for community and public notification concerning the presence of sexual offenders;   "(4) Collecting data relative to sexual offenses and sexual offenders;   "(5) Requiring sexual predators who are released into the community to wear an electronic monitoring system for the rest of their natural life and to pay for such system; and   "(6) Prohibiting sexual predators from working with children, either for compensation or as a volunteer.   "The General Assembly further finds that the state has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual offenders to register and for requiring community and public notification of the presence of sexual offenders. The General Assembly declares that in order to protect the public, it is necessary that the sexual offenders be registered and that members of the community and the public be notified of a sexual offender's presence. The designation of a person as a sexual offender is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from the conviction of certain crimes. Likewise, the designation of a person as a sexual predator is neither a sentence nor a punishment but simply a regulatory mechanism and status resulting from findings by the Sexual Offender Registration Review Board and a court if requested by a sexual offender."   Ga. L. 2006, p. 379, § 30(c)/HB 1059, not codified by the General Assembly, provides that: "The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment."   Ga. L. 2014, p. 599, § 1-1/HB 60, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Safe Carry Protection Act.'"   Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.   Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Back the Badge Act of 2017.'"   Law reviews.   - For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For article, "Criminal Law," see 53 Mercer L. Rev. 209 (2001). For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006). For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008). For annual survey on death penalty law, see 61 Mercer L. Rev. 99 (2009). For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 47 (2014). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017). For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 89 (2017). For annual survey of criminal law, see 71 Mercer L. Rev. 967 (2020). For note contrasting assault with intent and attempt in food poisoning cases, see 25 Ga. St. B. J. 199 (1962). For note on the 1994 amendment of this Code section, see 11 Ga. St. U. L. Rev. 110 (1994). For review of 1996 children and youth services legislation, see 13 Ga. St. U. L. Rev. 314 (1996).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Indictment   Included Crimes   Assault with Deadly Weapon   Assault With Gun   Assault With Automobile   Assault With Hands, Fists, or Other Body Parts   Assault With Other Objects   Assault with Intent to Murder   Assault with Intent to Rob   Assault with Intent to Rape   Jury Instructions    RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Assault and Battery, §§ 30, 31, 32, 33, 60.   C.J.S.   - 6A C.J.S., Assault and Battery, § 87 et seq.   ALR.    - Recovery for physical consequences of fright resulting in a physical injury, 11 A.L.R. 1119; 40 A.L.R. 983; 76 A.L.R. 681; 98 A.L.R. 402.    Cane as a deadly weapon, 30 A.L.R. 815.    Assault with intent to ravish or rape consenting female under age of consent, 81 A.L.R. 599.   Effect of failure or refusal of court, in robbery prosecution, to instruct on assault and battery, 58 A.L.R.2d 808.   Civil liability of one instigating or inciting an assault or assault and battery notwithstanding primary or active participant therein has been absolved of liability, 72 A.L.R.2d 1229.   Intent to do physical harm as essential element of crime of assault with deadly or dangerous weapon, 92 A.L.R.2d 635.   What constitutes attempted murder, 54 A.L.R.3d 612.   Assault and battery: sexual nature of physical contact as aggravating offense, 63 A.L.R.3d 225.   What constitutes penetration in prosecution for rape or statutory rape, 76 A.L.R.3d 163.   Antagonistic defenses as ground for separate trials of codefendants in criminal case, 82 A.L.R.3d 245.   Automobile as dangerous or deadly weapon within meaning of assault or battery statute, 89 A.L.R.3d 1026.   Pocket or clasp knife as deadly or dangerous weapon for purposes of statute aggravating offenses such as assault, robbery, or homicide, 100 A.L.R.3d 287.   Walking cane as deadly or dangerous weapon for purpose of statutes aggravating offenses such as assault and robbery, 8 A.L.R.4th 842.   Parts of the human body, other than feet, as deadly or dangerous weapons for purposes of statutes aggravating offenses such as assault and robbery, 8 A.L.R.4th 1268.   Criminal responsibility of husband for rape, or assault to commit rape, on wife, 24 A.L.R.4th 105.   Fact that gun was unloaded as affecting criminal responsibility, 68 A.L.R.4th 507.   Criminal assault or battery statutes making attack on elderly person a special or aggravated offense, 73 A.L.R.4th 1123.   Admissibility of expert opinion stating whether a particular knife was, or could have been, the weapon used in a crime, 83 A.L.R.4th 660.   Sufficiency of bodily injury to support charge of aggravated assault, 5 A.L.R.5th 243.   Stationary object or attached fixture as deadly or dangerous weapon for purposes of statute aggravating offenses such as assault, robbery, or homicide, 8 A.L.R.5th 775.   Transmission or risk of transmission of human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) as basis for prosecution or sentencing in criminal or military discipline case, 13 A.L.R.5th 628.   Kicking as aggravated assault, or assault with dangerous or deadly weapon, 19 A.L.R.5th 823.   Attempt to commit assault as criminal offense, 93 A.L.R.5th 683.   Dog as deadly or dangerous weapon for purposes of statutes aggravating offenses such as assault and robbery, 124 A.L.R.5th 657.   Cigarette lighter as deadly or dangerous weapon, 22 A.L.R.6th 533.   Parts of human body, other than feet, as deadly or dangerous weapons or instrumentalities for purposes of statutes aggravating offenses such as assault and robbery, 67 A.L.R.6th 103.   When is federal officer assaulted "while engaged in, or on account of, performance of official duties" for purposes of offense of assaulting, resisting, or impeding federal officer under 18 USCS § 111, 36 A.L.R. Fed. 2d 475.