Violent crimes cover a host of different charges in the state of Georgia. These are typically crimes that involve violence/force or the threat of violence/force or bodily harm to another individual. These are serious offenses in the State of Georgia and if you have been accused of one of these crimes, it is imperative that you contact a criminal defense attorney immediately! The attorneys at Pak and McRae Law, LLC in Atlanta, Georgia, are here for you.
Types of violent crimes in Georgia:
Assault and Battery
Assault and battery occurs when an individual uses force or the threat of force which results in the bodily injury or harm of another individual. This does not necessarily have to be intentional nor does it have to be direct. Examples of this would be threatening someone with force, causing them to step into a street and be struck by a vehicle, or commanding a dog to attack them. The difference between assault and battery occurs when the individual is actually touched by the person committing the crime. If this occurs, then the charges are considered battery.
False imprisonment is a felony in the State of Georgia and occurs when a person is confined without their valid consent. Using force or the threat of force to coerce someone into being confined is not considered valid consent and fails under the same charge.
In Georgia, homicide is the killing of one person by another and is typically placed into one of three categories
- Justifiable Homicide – which means it is typically protected by law, such as a police officer killing an armed individual who is shooting at them
- Excusable Homicide – Typically occurs when there is a legal defense for the homicide such as shooting an armed intruder in one’s home.
- Criminal Homicide – This occurs when homicide occurs through criminal means or criminal intent and is divided in multiple subcategories
Murder is a form of homicide when an individual is killed with “malice aforethought.” This means that it was committed with the intent to kill or cause bodily harm to an individual. Under Georgia law, this is nearly always the case when an individual uses a deadly weapon such as a knife or a gun. This is escalated further to felony murder when the murder occurs while a felony crime is also being commited.
Manslaughter is divided into two major subcategories:
- Voluntary Manslaughter – occurs when a person intentionally kills another person after “adequate provocation.” This means that they were placed under enough duress that would cause a normal person to act with “sudden and intense passion.” Examples of this would be being threatened with obvious deadly force or finding one’s spouse in bed with another individual.
- Involuntary Manslaughter – This typically occurs when someone is killed due to criminal negligence or during the committing of another crime that was not intended to injure or harm another individual. An example of this would be someone dieing due to a DUI accident.
Rape is the involuntary carnal knowledge of one individual by another who is not their spouse or without their effective consent. Carnal knowledge is considered penetration and these charges are a felony in the State of Georgia. If force or the threat of force has been used then it is clearly determined in the State of Georgia that effective consent has not been given.
Robbery occurs when an individual uses force or the threat of force to take the possessions of another and deprive them of those possessions. This becomes armed robbery when the person committing the crime uses a deadly weapon such as a knife or a gun.
All violent crimes in the State of Georgia are serious offenses which can haunt an individual for the rest of their life. If you have been charged with a violent crime in Georgia then please contact a criminal defense attorney immediately to better understand your rights and options today!