Georgia Motion to Bar Use of Certain Aggravating Circumstances is a legal procedure aimed at excluding specific aggravating circumstances from being considered during criminal proceedings in the state of Georgia. This motion can be filed in various types of cases, including murder, rape, or other serious criminal offenses. Keywords: — Georgia Motion to Bar: This refers to the legal action taken by the defense counsel to request the exclusion of certain aggravating circumstances. — Use of Certain Aggravating Circumstances: This phrase highlights the specific circumstances, facts, or evidence that the defense seeks to prevent the prosecution from using in the case. — Legal Procedure: Describes the formal process that needs to be followed when filing the motion and presenting arguments in court. — Criminal Proceedings: Refers to the ongoing legal actions related to a criminal offense, in which the motion can be submitted. — Exclusion: The primary objective of this motion is to have certain aggravating circumstances excluded from consideration. — Defense Counsel: The lawyer or legal team representing the defendant in the case, responsible for filing the motion and arguing for its acceptance. — Murder, Rape, Serious Criminal Offenses: Examples of criminal cases in which the motion can be utilized, demonstrating its relevance to a range of criminal charges. Types of Georgia Motion to Bar Use of Certain Aggravating Circumstances (if applicable): 1. Murder Cases: This type of motion can be specifically filed in cases involving alleged murders. 2. Rape or Sexual Assault Cases: The motion might be tailored to address situations involving charges related to rape or sexual assault. 3. Serious Criminal Offenses: This encompasses a broader category of cases where the motion can be employed, such as armed robbery, kidnapping, or manslaughter. In conclusion, the Georgia Motion to Bar Use of Certain Aggravating Circumstances is a legal safeguard that enables the defense to request the exclusion of specific factors that may increase the severity of the punishment sought by the prosecution. This motion is applicable to various types of criminal cases in Georgia, including murder, rape, and other serious offenses, and aims to ensure a fair and impartial trial.
Georgia Motion to Bar Use of Certain Aggravating Circumstances
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Under O.C.G.A § 16-5-24, a person commits an Aggravated Battery when he or she ?maliciously causes bodily harm to another by depriving him/her of a member of his/her body, by rendering a member of his/her body useless, or by seriously disfiguring his/her body or a member thereof.?
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 ...
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 ...
Aggravated Battery. A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
O.C.G.A. §16-5-20 A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Except as provided in subsections (c) through (k) 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.
For those facing their first felony offense for aggravated assault, Georgia law may potentially permit deferred adjudication under the ?First Offender Act.? Under the terms of this law, the defendant will plead guilty but will not have been convicted.
§ 16-3-21 - Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution.