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Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony. [1] Threatening the government officials of the United States, particularly law enforcement officers, can in some cases fall under this statute. [2]
In May 2012, 31-year-old Marissa Alexander was prosecuted for aggravated assault with a deadly weapon and received a mandatory minimum sentence of 20 years in prison. . Alexander said that she fired a warning shot after her husband attacked her and threatened to kill her on August 1, 2010, in Jacksonville,
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
The Supreme Court has held that every fact that increases the maximum authorized sentence or minimum mandatory sentence must be named in the charging instrument, submitted to a jury, and proved beyond a reasonable doubt—whether or not statutory law labels that fact as an element of the offense or a sentencing factor. [25]
DeKalb County Police Department (Georgia) Olsen shot and killed Anthony Hill, who was naked and unarmed. Olsen was found guilty of one count of aggravated assault, two counts of violating his oath of office, and one count of making a false statement, and found not guilty of felony murder. [84] In 2024 his conviction was overturned. [85] 1 ...
Georgia has a "two strikes" law, also known as the "seven deadly sins" law, which mandates a sentence of life imprisonment without parole for two or more convictions of murder, rape, armed robbery, kidnapping, aggravated sexual battery, aggravated sodomy, or aggravated child molestation or any combination of those offenses. [25]
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
Courts consider these advisory forms, which contain maximum and minimum sentences, before deciding a defendant's sentence. [6] "The Sentencing Guidelines enumerate aggravating and mitigating circumstances, assign scores based on a defendant's criminal record and based on the seriousness of the crime, and specify a range of punishments for each ...