Paper Example. Assault Performance Task

Published: 2023-04-10
Paper Example. Assault Performance Task
Type of paper:  Report
Categories:  Criminal law Court system Criminal justice
Pages: 4
Wordcount: 1092 words
10 min read

The charges against the four individuals involved in the robbery would be as follows. First, charges against Skeeter Redrum will be on accounts of one crime, which is the violation of Code 16-5-20 section (a) (1) of the State of Georgia, for one crime account of third and fourth assault degrees whereby he attempted to commit violence against another person at the time when confronting Mr. Clark with Bubba Hurt.

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There will also be charges against Mr. Redrum for one crime account. The felony for which Mr Redrum will be charged is the violation of the State of Georgia Code 16-5-20 Section (2), misdemeanor assault in the first, third, and fourth degrees, by placing another individual in serious worry of immediately receiving a violent injury. Such an act was committed by kicking Mr Clark when he got pushed to the ground. Mr Redrum will be punished by a jail term not more than one year, or a fine of up to $ 1000 compensation and trial. The following charges will also be laid against Mr Redrum; he will be punished for the offence of simple battery and intentionally causing serious harm to another person (according to Code 16-5-28 (1)), and this is punishable by a fine of up to $1000, up to one-year jail term, probation, and compensation.

According to the information given by the police as well and the report by the witness, Summer Breeze was seen removing her shoe and using it to assist Mr Redrum and Mr Hurt in assaulting Mr Clark. As a result of the weapon used, there were some severe injuries on Mr Clark's head, and this resulted in a permanent brain injury.

Relying on the information from the State of Georgia law, Ms Summer Breeze is therefore found to be in breach of Code 16-5-20 section (1) and (2), which renders her guilty of one misdemeanor for attempted violence against another and placing another in serious apprehension of getting violent injuries. The penal code of the State of Georgia provides that such an act is punishable by up to twenty years in jail, probation, $1000, and compensation. Ms Breeze is also in violation of Title 16-5-21 section (2), in combination with first-severe, and third-degree assault entailing the offensive use of an object against another person that resulted into serious bodily harm. She is charged with (1) felony, and an imprisonment punishment for one to twenty years in prison, restitution, and fines. Another charge against her is (1) felony account of dangerous battery by causing bodily harm to Mr Clark in a malicious manner, depriving him of function and permanent mutilation through brain injury, and this is also punished by one to twenty years in prison.

Besides, the reports provided by the police show that the conflict resulted from a domestic dispute; whereby the officer recorded that the statement by Bubba Hurt indicated, "It was the last time he put his hands on her." Despite the lack of any previously filed domestic violence between the two, it can be accurately noted that there is a very close relationship between Mr Clark and Ms Breeze. Nevertheless, there are no records to show that Ms Breeze experienced any visible or severe injuries caused by Mr Clark, neither is there a reflection that the two have lived together for any length of time at the same residence. As such, under Title 6-5-24 section (h) of the State of Georgia law, there are no charges that can be held against her as an act of crime committed against a former or a past spouse because there is lack of evidence.

Moreover, according to the reports provided by the witness to the police, Mr Redrum and Mr Hurt met Samuel Clark on the way as he was headed to Ms Breeze's home. Mr Clark got threatened during the altercation, and he tried to walk away from the scene, at which point it began raining, and Clark opened his umbrella as he continued to walk away from the two. He was then jolted from behind by Bubba Hurt, knocking him to the ground. As he struggled to stand up, Bubba Hurt and Skeeter Redrum began to kick him. While on the ground on his back, getting assaulted by the two, Mr Clark grabbed his umbrella in response to the threat and swung it, hitting Mr Hurt in the eye. During this altercation, Mr Hurt suffered severe injuries and got transported to the hospital upon the arrival of the police on the scene, and later he was pronounced dead.

Although there is an indication in files that shows that Mr Clark has previous records of criminal behavior, there was a lack of records on file to prove his innocence or violation. As a result, the only actions that can be used in charging him is based on the evidence submitted by the police and witness reports that occurred during the August 16, 2016 altercation.

According to Georgia Code under Title 16-3-21 section (a), using force in trying to defend oneself or another, is justifiable under the belief that such power was necessary for manslaughter or murder prosecution. According to the evidence provided by the witness and the police, there was consistent justification that indeed Mr Clark got physically assaulted. Besides the cops finding him unconscious upon arrival at the scene, there were also pieces of evidence of sustained injuries on his body, and the hospital report also justified that indeed Mr Clark suffered from permanent injury of the brain due to the attack.

Therefore, following the description under Title 6-3-21 section (a) of the State of Georgia laws, it is justified beyond doubt that the force used by Mr Clark against the attack was necessary for defending himself, in which he sustained. Unfortunately, Mr Clark was not in violation of the law in this scenario despite his previous violations and involvement in other possible crimes. During the attack, as Mr Clark was trying to protect himself from the injuries caused to him by the two attackers, he struck Mr Hurt in the eye with his umbrella. Unfortunately, as a result of the injuries that Mr Hurt sustained, it resulted in serious bodily harm that later led to his death in the hospital.

In conclusion, though there is reasonable evidence that can be held against Mr. Hurt about the assaults he committed on Mr Clark, and although such pieces of evidence are beyond a reasonable doubt, the ultimate death of Mr. Hurt prevents any charges from being taken against him or being sentenced with punishment for his criminal acts.

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