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Assault Performance Task

Essay Instructions:

Assault Performance Task
Scenario
Case Number: 1111111
Date: August 13, 2016
Reporting Officer: Colt Winchester
Incident Type: Crime Against the Person
Address of Occurrence: 111 Felony Drive, Happy Town, GA 15486
Witnesses:
Alan Skittles: Store owner. Male, 43, Latino
Michael Smith: Employee. Male, 21, African American
Andrea Sianturi: Customer. Female, 27, Asian American
Weapon or Objects Used: Umbrella or Shoe
On August 13, 2016, at approximately 20:43, officers responded to 111 Felony Drive in regard to a white male bleeding from his face. The victim, Samuel Clark, was friends with a female, Summer Breeze who lived at 111 Misdemeanor Lane. Mr. Clark was walking to Ms. Breeze’s residence approximately one block east of Mr. Clark’s residence. As Samuel Clark turned the corner, he observed two white men approaching him. A witness, Alan Skittles, identified the two men as Bubba Hurt and Skeeter Redrum. Both Bubba Hurt and Skeeter Redrum began yelling at Samuel Clark for him to leave Summer Breeze alone and that it was the "last time he put his hands on her." It began to rain, so Samuel Clark opened his umbrella and continued to walk north on Felony Drive. Bubba Hurt shoved Samuel Clark from behind, causing Samuel Clark to fall to the sidewalk. When Samuel Clark began to pick himself up from the sidewalk, Skeeter Redrum kicked Samuel Clark in the face causing Samuel Clark to fall onto the street. While Samuel Clark was lying on his back in the street, Bubba Hurt began to kick Samuel Clark. In response, Samuel Clark grabbed his umbrella and swung, hitting Bubba Hurt in his eye. As Samuel Clark stood up, Summer Breeze hit Samuel Clark in the side of his head with her shoe rendering Samuel Clark unconscious. A witness to the incident contacted 911 to respond. Samuel Clark and Bubba Hurt were taken into custody and transported to the hospital. Summer Breeze and Skeeter Redrum were taken into custody and transported to the Police Headquarters. Bubba Hurt died at the hospital, and Samuel Clark suffered a permanent brain injury.
Instructions
To complete this assignment, act as the District Attorney and complete the following:
1. Determine what charges, if any, for all four individuals involved in this incident.
2. Provide definitions of simple assault, aggravated assault, or aggravated battery.
3. Describe your knowledge regarding self-defense.
Use Week 8 Assignment Document Library [PDF] to formulate your answers.

Essay Sample Content Preview:

Assault
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Assault is defined as the act of inflicting bodily harm or unwanted physical contact. The severity of an assault will differ depending on a state or country's specific legal definitions. According to Georgia's assault and battery laws, the two acts are categorized into simple and aggravated. This essay analyses a case study where the individuals involved are deemed to have broken these laws.
Simple assault is the lightest form of aggression, according to Georgia's assault and battery laws. This refers to an attempt to commit a violent crime on an individual by putting them in a situation that can cause a reasonable amount of unrest. For this assault, no physical contact or aggression is necessary for the victim to press charges. Something common as verbal altercations can be classified as a simple assault if worded differently. For instance, threatening to beat someone up can be said cheerfully during a friendly competition. However, the same threat can be delivered in a menacing manner to which the other individual will feel threatened, consequently falling within the simple assault definition.
The above case study shows Samuel Clack as the recipient of the simple assault when he meets up with two white men. Both Bubba Hurt and Skeeter Redrum were yelling at Samuel and commanding him to leave Summer Breeze alone and alleging that was the "last time he put his hands on her." From general observation, Bubba Hurt and Skeeter Redrum had no authority of yelling at Samuel. They also alleged that they were beating Summer Breeze; however, the case study does not disclose the truth of these claims. If these claims are false, the two individuals can be found guilty of harassment, combine that with the yelling, and be charged with simple assault. Punishment for a simple assault charge will depend on the seriousness of the situation. For instance, a verbal altercation is a common thing that occurs during individual arguments.
These instances can occur between children, employees, couples or family members. Therefore, there is a thin line between a simple assault and day to day human interactions. The majority of these situations will result in a misdemeanour at the very least. However, the above case study resulted in a death and brain injury; therefore, the charges will be upgraded to a misdemeanour of a high and aggravated nature.
Aggravated assault can be defined as unwanted physical contact with the intent to rape, murder or rob an individual CITATION Fin19 \l 1033 (FindLaw, 2019). The use of a weapon is with the intent to murder can be seen in scenarios such as drive-by shootings where the individual from within a car or a bike shoots towards a person or persons. The above case study has a few instances of aggravated assault, starting with the antagonistic individuals' Bubba Hurt and Skeeter Redrum. When the yelling failed to elicit a response from Samuel, they chased him down, and Bubba shoved him from behind. Samuel fell down the sidewalk, to which Skeeter and Bubba escalated the assault to kic...
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