Title 16, Chapter 5, Section 21
( 16-5-21)
(a) A person commits the offense of aggravated assault when he or
she assaults: (1) With intent to murder, to rape, or to rob; (2) 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; or (3) A person or persons without legal justification by discharging
a firearm from within a motor vehicle toward a person or persons. (b) Except as provided in subsections (c), (d), (e), (f), (g), (h),
and (i) 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. (c) A person who knowingly commits the offense of aggravated assault
upon a peace officer while the peace 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. (d) 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. (e)(1) As used in this subsection, the term "correctional officer"
shall include superintendents, wardens, deputy wardens, guards,
and correctional officers of state, county, and municipal penal
institutions who are certified by the Georgia Peace Officer
Standards and Training Council pursuant to Chapter 8 of Title 35
and employees of the Department of Juvenile Justice who are known
to be employees of the department or who have given reasonable
identification of their employment. The term "correctional
officer" shall also include county jail officers who are certified
or registered by the Georgia Peace Officer Standards and Training
Council pursuant to Chapter 8 of Title 35. (2) A person who knowingly commits the offense of aggravated
assault upon a correctional officer while the correctional 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. (f) 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. For purposes of this Code section, "public transit vehicle" has the same meaning as in subsection (c) of Code Section 16-5-20. (g) A person convicted of an offense described in paragraph (3) of
subsection (a) of this Code section shall be punished by
imprisonment for not less than five nor more than 20 years. (h) 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 paragraph (1) of subsection (a) of Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. (i) 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. |