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Negligent Assault Complaint With A Deadly Weapon In Georgia
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Multi-State
Control #:
US-000298
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The state can pursue criminal negligence as a misdemeanor or a felony, depending on the circumstances of the case and the resulting harm. If convicted of a misdemeanor, a person can face up to one year in jail and fines, while a felony conviction can result in imprisonment for up to four years and fines.
Such laws are sometimes used to prosecute cases of dangerous driving causing injury or death. The maximum penalties for criminal negligence causing bodily harm and death are 10 years (14 years if the conviction is for street racing causing bodily harm) and life imprisonment, respectively.
Some common examples of criminal negligence include: Firing a weapon into the air in celebration. Leaving a child unattended in a hot car. Waving a loaded gun at another person. Recklessly drunk driving. Leaving a loaded weapon within a child's reach. Speeding and texting while driving.
Section 16-5-21 - Aggravated assault (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 ...
In a modified comparative negligence approach (the system that's in place in Georgia), the injured party can only recover as long as they are less than 50 percent at fault for the injuries sustained. However, the amount of the damages that they recover will be reduced in proportion to the amount of their fault.
Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.
This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. (a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.