Is a Victim’s “Fear” Necessary to Prove Aggravated Assault?

There is sometimes a misunderstanding about the legal meaning of “assault.” An assault does not require proof that you physically harmed someone. Rather, simple assault occurs when you either attempt to commit a violent injury against another person, or you act in a way that places another person “in reasonable apprehension of immediately receiving a violent injury.” Similarly, aggravated assault can occur when you commit an assault with a deadly weapon. For example, if you wave a gun at someone and they are afraid you will shoot them, that is sufficient to prove an aggravated assault took place.

Georgia Man Convicted of Aggravated Assault for Pointing Gun

But what if the victim later testified they were not afraid? Does that get the defendant off the hook for an assault or aggravated assault charge? Not necessarily, as this recent decision from the Georgia Court of Appeals demonstrates.

In this case, Bass v. State, the defendant got into a violent altercation with his on-again, off-again girlfriend. A short time later, the girlfriend and her aunt went to the defendant’s residence to pick up some of the girlfriend’s belongings. As they approached the house, they saw the defendant standing in the driveway talking to another man. The defendant was holding a gun. When he saw the girlfriend and her aunt drive up to the house, he walked over to the car and pointed the gun at the aunt’s head.

The aunt and her girlfriend left and contacted the police. When officers arrived at the defendant’s home to question him about the incident, he was still carrying his gun. Ignoring an officer’s instruction to drop his weapon, the defendant instead fired the gun at one of the officers. After firing several more shots, the defendant fled, although he was eventually apprehended by a SWAT team.

Prosecutors charged the defendant with a number of crimes, including as relevant here aggravated assault for allegedly pointing his gun at his girlfriend’s aunt. At trial, the aunt testified that she was not afraid when the defendant pointed his gun. Testimony from other witnesses, including the girlfriend and a police officer who interviewed the aunt shortly after the incident, suggested she was afraid.

The defendant elected for a bench trial. The judge found the defendant guilty on all charges. On appeal, the defendant argued the conviction for aggravated assault against the aunt should not stand because of her own testimony that she was not afraid. Absent such fear, the defense argued, the state could not prove there was “reasonable apprehension of immediately receiving a violent injury,” as required by the statute.

The Court of Appeals disagreed and upheld the defendant’s conviction. It held the victim’s testimony was not the only way for the prosecution to prove “reasonable apprehension.” The state could use other evidence, as it did here, to prove the victim’s mental state at the time.

Contact The Spizman Firm Trial Lawyers Today

Threatening another person with a deadly weapon can land you in prison. That is why, if you are charged with such crimes, you need to work with a qualified Atlanta assault lawyer who can assist you in preparing a defense. Call The Spizman Firm Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

scholar.google.com/scholar_case?case=12563542215822744455