Ga. Code Ann. § 16-5-21

Pointing a handgun at a person and then firing through her door is sufficient evidence of aggravated assault with a deadly weapon.

Johnson v. State · filed 2005-07-27(a)(2)

When she did so, Johnson thrust a handgun through the opening, pointed it at Pruitt, and asked her if she was going to call him anymore. Pruitt said no, shut the door, and ran to her bedroom. Johnson then shot two rounds through the apartment door and left. ... This evidence was sufficient to support Johnson’s conviction.

Aggravated assault with a deadly weapon is established when the weapon places another person in reasonable apprehension of immediate violent injury.

Husband v. State · filed 2005-08-25(a)(2)

The record adequately shows that Husband committed an act with a deadly ... weapon which placed Patel in reasonable apprehension of immediately receiving a violent injury.

Section 16-5-21 supports an aggravated assault conviction when the evidence shows that the defendant assaulted the victim with a club.

Williams v. State · filed 2005-09-13

Despite the fact that the victim did not testify, the evidence was sufficient to support the verdict that Williams assaulted Lopez with a club and attempted to rob him. See OCGA §§ 16-5-21; 16-8-40.

Holding a knife to a victim’s throat while demanding money is sufficient evidence of aggravated assault under § 16-5-21(a)(1) and (2).

Smith v. State · filed 2005-10-20(a)(1), (2)

The evidence regarding his forced entry into the house followed by his attempt to murder the girlfriend sustained the conviction of burglary; ... the evidence regarding his holding the knife to her throat and demanding money sustained the aggravated assault conviction; ... and the evidence regarding his then forcing her down the street and stabbing her sustained the conviction of kidnapping with bodily injury.

Evidence that a defendant fired a gun at one person and shot another supports aggravated assault convictions under subsection (a)(2).

Barnes v. State · filed 2005-11-04(a)(2)

So viewed, the evidence reveals that Barnes, two other men, and three women were driving around while many of them were high on cocaine. At one point, Barnes and one of the other men jumped out of the car, and Barnes fired a gun at a man walking down the street. The shot missed the man, who ran away. Barnes and his compatriot got back into the car, and the group drove to another man’s house in search of more cocaine. Brandishing a gun, Barnes entered the house and shot a man inside. This evidence sufficed to sustain the convictions. See OCGA §§ 16-5-21 (a) (2); 16-11-106 (b) (1).

Section 16-5-21(a) permits an aggravated assault conviction when the evidence supports a finding that the defendant shot the victim without acting in self-defense.

Hill v. State · filed 2005-12-14(a)

Accordingly, the evidence was sufficient to enable a rational trier of fact to find that Hill did not act in self-defense when he shot Brinkley and that he was guilty of aggravated assault and possession of a firearm during the commission of a crime beyond a reasonable doubt.

Section 16-5-21(a)(2) permits an aggravated assault conviction based on evidence that the defendant stabbed the victim with a pocket knife.

Cochran v. State · filed 2006-01-18(a)(2)

Here, the testimony of both Cochran and Coker shows that Cochran stabbed Coker with a pocket knife. ... We find the evidence adduced at trial sufficient to authorize any rational trier of fact to find Cochran guilty of aggravated assault beyond a reasonable doubt.

Evidence of a knife threat, a lamp strike, and choking with an electrical cord supported the charged aggravated-assault counts under subsection (a)(2).

Nelson v. State · filed 2006-02-28(a)(2)

Based on this evidence, any rational trier of fact could have found Nelson guilty of the three counts of aggravated assault as charged in the indictment.

Evidence that a defendant planned and joined a robbery in which an accomplice pointed a gun at the victims can support a conviction for aggravated assault with intent to rob as a party to the crime.

Laurel v. State · filed 2006-03-08(a)(1)

This evidence is sufficient to support Laurel’s convictions beyond a reasonable doubt as a party to the crimes of aggravated assault with intent to rob and possession of a firearm during the commission of a felony.

Aggravated assault with intent to rob can be established by demands for money and threatening conduct that causes the victim to retreat in fear of injury.

Lawson v. State · filed 2005-09-01(a)(1)

Evidence that Lawson entered the store with a mask concealing his face, that he opened the cash drawer, that he attempted to wrangle a key from Gentry’s hand after she locked the cash drawer, that he made repeated demands for money, that he banged his hands on the register, and that he appeared to have been holding a gun, causing Gentry to retreat to the office in fear that he would shoot her, sufficiently authorized the jury to find that Lawson had committed aggravated assault.

Evidence that the defendant participated in an armed confrontation can support a conviction for aggravated assault with a deadly weapon under subsection (a)(2).

Kelley v. State · filed 2006-04-26(a)(2)

Although Kelley has not raised the general grounds, we conclude, upon reviewing all the evidence in the light most favorable to the jury’s verdict, that any rational trier of fact could have found Kelley guilty beyond a reasonable doubt of aggravated assault with a deadly weapon under OCGA § 16-5-21 (a) (2).

Evidence that a defendant struck the victim with a metal pipe can support an aggravated-assault conviction under subsection (a)(2).

Leonard v. State · filed 2006-05-04(a)(2)

Construing the evidence in the light most favorable to the verdict, any rational trier of fact could have found beyond a reasonable doubt that Leonard struck Sol with a ... metal pipe and was guilty of aggravated assault.

Evidence that a defendant assaulted and cut a victim with a knife can support an aggravated assault conviction under § 16-5-21(a)(2).

Grimes v. State · filed 2006-06-21(a)(2)

The State produced evidence sufficient for the jury to conclude beyond a reasonable doubt that Grimes was guilty of aggravated assault by assaulting and cutting the victim with a knife, and guilty of hijacking a motor vehicle by using a knife to obtain a motor vehicle from the victim by force and violence.

Evidence that a driver turned her car toward two people and struck them supports findings of aggravated assault under subsection (a)(2).

In the Interest of J. L. · filed 2006-08-14(a)(2)

The juvenile court adjudicated J. L. delinquent after finding that she had committed acts that would have constituted two counts of aggravated assault and two counts of failing to stop at or return to an accident scene, if the acts had been committed by an adult. ... But J. L. abruptly headed back to the residence; yelled from her car, “I’ve got something for that bitch”; “whipped” her car into the girlfriend first and then struck her former boyfriend, injuring them. ... Because the evidence, viewed in the light most favorable to the juvenile court’s findings, authorized a reasonable finder of fact to conclude beyond a reasonable doubt that J. L. committed the acts charged, her challenge to the sufficiency of the evidence fails.

Pointing a gun at someone while demanding a ride can support an aggravated assault conviction under § 16-5-21(a)(2).

Granville v. State · filed 2006-09-06(a)(2)

This evidence was sufficient under the standard of Jackson v. Virginia, supra, for a reasonable trier of fact to find Granville guilty of aggravated assault, obstruction, public drunkenness, and interference with government property.

Section 16-5-21(a)(1)’s intent-to-rob form of aggravated assault is supported by evidence that a driver knew of a planned purse snatching and drove the car during the attempt.

Jackson v. State · filed 2006-09-11(a)(1)

The state presented sufficient evidence of Jackson’s guilt for the offense as charged. Jackson admitted at trial that he was driving the Thunderbird when Jarrell reached out of the car window in an attempt to snatch the elderly victim’s purse, resulting in her being struck by the car and falling to the ground. Nevertheless, he contends that the state failed to show that he shared in Jarrell’s intent to rob the victim. Jackson’s argument is belied by his confession to the police detective following his apprehension. At trial, the detective testified that Jackson confessed that he had agreed “to go on a lick” with Jarrell and that he “knew what Jarrell was going to do” when he drove the Thunderbird into the Piggly Wiggly parking lot and approached the elderly victim.

Section 16-5-21(a) permits a robbery conspirator’s demand for money to be attributed to a defendant charged with aggravated assault with a knife; whether the defendant held the knife threateningly is a jury question.

Brown v. State · filed 2006-09-12(a)

However, as Brown was a conspirator in the armed robbery, the demands for money can be attributed to him as a legal matter. ... Whether he held the knife in a threatening manner is a question offact to be resolved by the jury.

Aggravated assault may be supported by evidence that the accused pinned the victim down, handled her roughly, and touched her beneath her clothes against her will.

Clark v. State · filed 2006-11-02

As the evidence showed that Clark pinned K. Y. down, was “real rough,” and touched her underneath her clothes against her will, the jury was authorized to find Clark guilty of aggravated assault.

Holding a gun to a victim’s head and striking the victim with it supports an aggravated assault conviction under subsection (a).

Lattimore v. State · filed 2006-11-16(a)

This evidence was sufficient to support Lattimore’s convictions for armed robbery, aggravated assault, and possession of a firearm during the commission of a felony.

Separate assaults with a knife and a hammer can support two aggravated assault convictions under § 16-5-21(a)(2).

Brigman v. State · filed 2006-11-16(a)(2)

The evidence showed two separate aggravated assaults, one with a knife and one with a hammer.

Evidence that a defendant pursued a victim, fired a revolver, and shot him was sufficient to support an aggravated assault conviction under subsection (a)(2).

Bryant v. State · filed 2007-01-19(a)(2)

The evidence, inclusive of the testimony of the witnesses to the assault, was sufficient to enable a rational trier of fact to find Bryant guilty beyond a reasonable doubt of the charged offenses. OCGA §§ 16-5-21 (a) (2); 16-11-106; Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

Subsection (a) supports an aggravated assault conviction where the victim identifies the assailant and the evidence shows that the assailant struck the victim with a pistol and pointed the gun at him.

Bond v. State · filed 2007-02-16(a)

This evidence amply sufficed to show that Bond committed an aggravated assault against the victim. See OCGA § 16-5-21 (a).

Section 16-5-21(a)(2) permits a finding of aggravated assault when the accused displays a gun and threatens the victim, causing her to fear immediate violent injury.

In the Interest of J. A. L. · filed 2007-03-14(a)(2)

Viewing the evidence in the light most favorable to the findings and judgment of the juvenile court, we find the evidence presented here was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that J. A. L. committed acts which, if committed by an adult, would have constituted the offense of aggravated assault.

Evidence that a defendant stabbed a victim with a knife supports a conviction for aggravated assault with a deadly weapon.

Breland v. State · filed 2007-05-08(a)(2)

Evidence of Garland’s stabbing and death also supports the jury’s verdict with respect to aggravated assault with a deadly weapon, felony murder, and possession of a knife during the commission of a felony.

Evidence that a defendant shot at the victim, including his admission, can support a conviction for aggravated assault under subsection (a)(2).

Winfrey v. State · filed 2007-06-20(a)(2)

This evidence, including Winfrey’s statement admitting that he shot at the victim, was sufficient to sustain Winfrey’s conviction of aggravated assault.

Evidence that a defendant intentionally fired at and struck the victim supports an aggravated assault conviction.

Winfrey v. State · filed 2007-07-09(a)(2)

This not only mischaracterizes Winfrey’s testimony (in which he actually stated that he fired and emptied the gun out his window before the victim jumped from the car), but it is irrelevant to this enumeration, as evidence from the State showed that he intentionally fired at and struck the victim.

A victim’s testimony that the defendant beat him with a bat can establish the elements of aggravated assault under subsection (a)(2).

Gonzales v. State · filed 2007-07-26(a)(2)

Here, the testimony of Sanchez that Gonzales entered his home without permission and beat him with a bat factually established the essential elements of the offenses of aggravated assault and burglary, as well as established that Gonzales was the perpetrator of those offenses.

Victims’ testimony describing the assaults and identifying the attacker can suffice to support aggravated assault convictions under subsection (a)(2).

Brown v. State · filed 2007-08-06(a)(2)

In this regard, the victims’ testimony describing what happened and identifying Brown as the perpetrator clearly was enough to justify Brown’s conviction on both counts.

A defendant can be convicted of aggravated assault with a deadly weapon as a party to the crime when his conduct before, during, and after an accomplice’s shooting supports the conviction.

McClendon v. State · filed 2007-08-13(a)(2)

Viewed in the light most favorable to the verdict, the evidence showed that McClendon willingly drove Horton to a gas station, waited in a stolen truck, armed with an assault rifle, while Horton pulled the victim out of his car and then shot him, and then rescued the injured Horton and fled the police. The evidence was sufficient for a rational trier of fact to find McClendon guilty beyond a reasonable doubt, as a party to the crime, of aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony.

Evidence that a person threatened to slit another person’s throat and opened a knife can support an aggravated assault adjudication under § 16-5-21(a)(2).

In the Interest of D. D. · filed 2007-09-11(a)(2)

So viewed, the evidence shows that on December 6, 2006, D. D. approached a group of teenagers at the Sargent Baptist Church and threatened to slit the victim’s throat. When the victim stood up prepared to fight, D. D. took a knife out of his pocket and opened the blade. After the victim’s friends and two pastors of the church intervened, D. D. left and went to his home, where deputies were sent to arrest him. ... Although not specifically enumerated, the evidence was also sufficient to support an adjudication of guilt on the remaining counts of aggravated assault and misdemeanor obstruction of an officer.

Threatening a person with a gun and firing shots in the air can support a conviction for aggravated assault with a gun.

Thornton v. State · filed 2007-10-25(a)(2)

Because there was competent evidence to support each element necessary to make out the state’s case relative to the offenses of aggravated assault with a gun and possession of a firearm by a convicted felon, we uphold the jury verdicts.

Pointing a gun at two victims and firing it as they flee can support aggravated assault convictions when the evidence shows reasonable apprehension of immediate violent injury.

Cain v. State · filed 2007-11-21

A person commits the offense of aggravated assault when he or she commits an act which places another in reasonable apprehension of immediately receiving a violent injury. ... The evidence at trial was that Cain pointed a gun at Allen and her baby and fired the gun as Allen was running back up the driveway with her baby. There was evidence that Allen was hysterical and crying, the baby was crying, and the whole family was scared. Accordingly, the evidence was sufficient for the jury to find Cain guilty of aggravated assault on Allen and her baby beyond a reasonable doubt.

Section 16-5-21(a)(2) permits an aggravated assault finding when conduct with a pot of boiling water constitutes an assault that places the victim in reasonable apprehension of immediate violent injury.

In the Interest of T. Y. B. · filed 2007-11-28(a)(2)

The evidence was sufficient for the juvenile court judge to find beyond a reasonable doubt that T. Y. B. committed the “designated felony act” of aggravated assault by committing an assault against his mother in the aggravated manner set forth in OCGA § 16-5-21 (a) (2).

Pointing a gun at an officer and causing him to fear for his life is sufficient evidence of aggravated assault with a deadly weapon.

Defrancisco v. State · filed 2008-01-08(a)(2)

Defrancisco’s testimony to the contrary notwithstanding, the State’s evidence was that after removing his weapon from his waistband, Defrancisco pointed it at the midsection of the officer who confronted him in the doorway of his home, and caused the officer to fear for his life. ... Under the standard set forth in Jackson, supra, 443 U. S. 307, we find this evidence sufficient to support Defrancisco’s conviction for aggravated assault with a deadly weapon upon a police officer.

Confronting victims at gunpoint and threatening to shoot them supports an aggravated assault conviction under subsection (a)(2).

Holsey v. State · filed 2008-04-17(a)(2)

Here, the evidence showed that Holsey was identified by the restaurant employee as one of two perpetrators who confronted her and her manager at gunpoint and threatened to shoot them if they did not comply with his demand for money. The evidence also showed that Holsey forced the manager out of his car at gunpoint, ordered him back across the parking lot and into the restaurant, and stole over $300 from the restaurant’s safe, as well as a cellular phone, before fleeing. Thus, there was sufficient evidence to support Hol-sey’s convictions on the count of armed robbery, both counts of aggravated assault, and the count of kidnapping.

Aggravated assault with a knife may be proved when a victim who has been threatened and beaten can see a knife in the assailant’s hand or within his reach.

Rhines v. State · filed 2007-10-11(a)(2)

This evidence authorized the jury reasonably to conclude beyond a reasonable doubt that McKenzie committed aggravated assault ... with a knife and that Rhines was a party to this crime.

Pointing a gun at restaurant employees during a robbery can provide sufficient evidence of aggravated assault with intent to rob.

Williams v. State · filed 2008-04-24(a)(1)

Having reviewed the evidence in favor of the verdict, we conclude that there is sufficient evidence from which the jury was authorized to find Williams guilty beyond a reasonable doubt of participating in the armed robbery at the restaurant ... and the aggravated assaults (intent to rob) of the restaurant employees.

Evidence of multiple apparent stab wounds sustained during a fight can support an aggravated assault conviction under subsection (a)(2).

Jackson v. State · filed 2008-04-24(a)(2)

The treating paramedic testified that the victim had five elongated, open wounds which appeared to be stab wounds, several bruises, and a bite mark on his shoulder. ... The evidence outlined above, however, was sufficient to authorize a rational trier of fact to find Jackson guilty beyond a reasonable doubt of aggravated assault as alleged in the indictment.

Pointing a gun at a person’s head while threatening to kill her supports an aggravated assault conviction under subsection (a)(2).

McCULLORS v. State · filed 2008-05-02(a)(2)

On September 3, T. J. was leaving a motel with her two children, two friends, and three other children when McCullors came from behind the motel, approached her from behind, put a gun to her head, and told her that “when he didn’t care about his kids anymore[,] he was going to kill her.” ... The evidence outlined above was sufficient to sustain McCullors’s conviction.

Under § 16-5-21(a)(2), testimony that a defendant struck victims with a baseball bat, together with evidence of their injuries, can support aggravated-assault convictions.

Gray v. State · filed 2008-05-19(a)(2)

The testimony of the state’s witnesses that Gray struck the victims with the baseball bat, coupled with testimony and photographs depicting their injuries, amply support Gray’s conviction of two counts of aggravated assault.

For aggravated assault with a gun, the victim’s testimony that she feared the gun, urinated on herself, and lied to an officer to protect her children suffices to show apprehension of immediate violent injury.

Hardy v. State · filed 2008-07-24(a)(2)

Regarding the need to show the victim’s “reasonable apprehension of immediately receiving a violent injury” (OCGA § 16-5-20 (a) (2)), the State presented evidence from the victim’s own mouth that she feared the gun and that this fear resulted in her urinating on herself and in her lying to the officer at the front door to protect her children. This evidence sufficed to show apprehension.

Putting a gun to a victim’s chest and pulling the trigger establishes aggravated assault with a deadly weapon.

Jones v. State · filed 2008-08-04

Cpmpetent evidence showed that Jones put a gun to the victim’s chest and pulled the trigger, establishing the elements of aggravated assault with a deadly weapon as alleged by the indictment.

Shooting a victim with a handgun or striking a victim unconscious with a motorcycle helmet can support an aggravated assault conviction under subsection (a)(2).

Serchion v. State · filed 2008-08-26(a)(2)

Here, Rosser witnessed Serchion shoot her boyfriend in the back. Serchion threatened her, and knocked her unconscious by striking her with his motorcycle helmet. This evidence, supporting Serchion’s convictions of aggravated assault as charged by Counts 2 and 3 of the indictment, was sufficient to find Serchion guilty thereof beyond a reasonable doubt.

Evidence that a defendant struck a victim unconscious and caused serious bodily injury supports an aggravated assault finding under subsection (a)(2).

In Re DT · filed 2008-11-10(a)(2)

We hold that the evidence sustained the court's finding that D.T. committed the three crimes. With regard to aggravated assault, the evidence showed that D.T. struck the woman unconscious and caused her serious bodily injury. See OCGA § 16-5-21 (a)(2).

Evidence that a person struck a victim unconscious and caused serious bodily injury supports an aggravated assault finding under subsection (a)(2).

In the Interest of D. T. · filed 2008-11-10(a)(2)

With regard to aggravated assault, the evidence showed that D. T. struck the woman unconscious and caused her serious bodily injury. See OCGA § 16-5-21 (a) (2).

Evidence that a defendant shot another person and did not act in self-defense can support a conviction for aggravated assault with a deadly weapon.

Gordon v. State · filed 2008-11-26(a)(2)

Viewing the evidence presented in favor of the jury’s verdict, we find that it was sufficient to support the jury’s conclusion that Gordon did not shoot Jackson in self-defense and that he was guilty beyond a reasonable doubt of aggravated assault with a deadly weapon.

Section 16-5-21(a)(2) permits an aggravated assault conviction for an unjustified stabbing with a knife that causes serious injury.

Harris v. State · filed 2008-12-15(a)(2)

Given the evidence presented, the jury was authorized to disbelieve Harris’ self-defense claim and find that she committed aggravated assault by stabbing Nelson in the back without justification, causing severe, life-threatening injuries.

Aggravated assault under subsection (a)(2) requires an assault and use of a deadly weapon; pointing a gun at a person while ordering him out of a car can support a conviction.

KASHAMBA v. State · filed 2009-01-14(a)(2)

Here, the pertinent elements of aggravated assault are an assault on a person as defined in OCGA § 16-5-20 ... and use of a deadly weapon. ... Harris testified that Kashamba pointed a gun at him and ordered him out of the car, that he was afraid of being shot and that he feared for his life. ... Because a rational trier of fact could have found the essential elements of aggravated assault beyond a reasonable doubt, we affirm.

Aggravated assault with a deadly weapon is supported by evidence that the accused threatened the victim with a firearm and shot him in the face, causing serious injury.

In the Interest of R. S. · filed 2009-01-28(a)(2)

In this case, the evidence shows that C. S. used a firearm to threaten and shoot Kanotra in the face, resulting in serious and lasting injury. Thus, the juvenile court’s judgment that C. S. committed aggravated assault was supported by sufficient evidence.

Swinging a metal rod toward someone who retreats can support an aggravated assault finding, even when the accused claims self-defense.

In the Interest of J. W. B. · filed 2009-02-16(a)(2)

Viewing the evidence in the light most favorable to the findings and judgment of the juvenile court, we find that the evidence presented here was sufficient to enable a rational trier of fact to conclude beyond a reasonable doubt that J. W B. committed acts which, if committed by an adult, would have constituted the offense of aggravated assault.

Evidence that the accused participated in striking the victim's head, causing an injury requiring stitches, can support an aggravated-assault finding under subsection (a)(2).

In Re AB · filed 2009-03-02(a)(2)

With respect to aggravated assault, the evidence showed that A.B. participated in striking the victim in the head, causing an injury requiring stitches. [10] ... Therefore, the evidence sufficed to support those findings of delinquency.

Evidence that a juvenile participated in striking a victim on the head, causing an injury requiring stitches, supports an aggravated assault adjudication.

In the Interest of A. B. · filed 2009-03-02(a)(2)

With respect to aggravated assault, the evidence ...showed that A. B. participated in striking the victim in the head, causing an injury requiring stitches.

Participation in a drive-by shooting at a group of people can provide sufficient evidence for aggravated assault convictions under subsections (a)(2) and (a)(3).

Lopez v. State · filed 2009-04-23(a)(2), (a)(3)

Thus, there was sufficient evidence to allow the jury to find that Lopez participated in the drive-by shooting, and therefore to find him guilty of the charges of aggravated assault and aggravated battery beyond a reasonable doubt.

Section 16-5-21(a)(2) covers assaults with a deadly weapon; testimony that a defendant attempted to stab one person and fired a shotgun at another can support convictions under it.

Hartley v. State · filed 2009-08-05(a)(2)

Although not enumerated as error, we conclude that the evidence set forth above was sufficient to entitle any rational trier of fact to find Hartley guilty beyond a reasonable doubt of the two counts of aggravated assault. ... See OCGA § 16-5-21 (a) (2) (“A person commits the offense of aggravated assault when he or she assaults . . . [w]ith 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.”). Lockley’s testimony, standing alone, was sufficient to prove the charged crimes.

Pointing a gun at someone while trying to take his vehicle can prove aggravated assault both with intent to rob and with a deadly weapon.

Johnson v. State · filed 2009-08-17(a)(1), (a)(2)

Nelson’s testimony that Anderson pointed a gun at his head while attempting to gain control of his vehicle sufficed to prove both counts of aggravated assault.

Testimony connecting the accused to a shooting into an occupied house can support a finding of aggravated assault under subsection (a)(2).

In Re Az · filed 2009-11-20(a)(2)

And based on this testimony, a rational trier of fact could have found, beyond a reasonable doubt, that A.Z. had committed the act of aggravated assault.

Pointing a gun at a victim who fears being shot can support an aggravated assault conviction based on reasonable apprehension of immediate violent injury.

Wright v. State · filed 2010-01-25(a)(2)

The victim’s testimony that he was afraid he would be shot when Wright pointed his gun at him sufficed to convict Wright of Count 2, aggravated assault.

Evidence that the victim was brutally beaten and identified the defendant as her attacker was sufficient to support an aggravated assault conviction.

Grant v. State · filed 2010-03-08(a)(2)

This evidence was sufficient to enable a rational trier of fact to find Grant guilty of aggravated assault, aggravated sexual battery, and burglary beyond a reasonable doubt.

Section 16-5-21(a)(2) permits an aggravated assault finding based on evidence that a person tried to stab and scratched another with an ink pen, leaving a puncture wound and scratches.

In Re Ib · filed 2010-03-22(a)(2)

However, the victim testified that I.B. tried to stab him with the pen, a witness testified that she saw I.B. scratch at the victim with a pen, and the responding police officer testified that the victim had a puncture wound on his head and scratches that appeared to have been made by a pen. ... Accordingly, the evidence was sufficient to enable the juvenile court to find that I.B. committed an act that, had he been an adult, would have supported a conviction for aggravated assault.

A defendant’s shooting of a person emerging unarmed from a vehicle can support an aggravated assault conviction.

DELAROSA v. State · filed 2010-05-07(a)

Here, the jury would have been entitled to credit Wills and McBroom’s testimony that Wills was shot when he emerged unarmed from his vehicle. Such testimony, together with medical testimony that Wills’ spleen had to be removed as a result of his injuries, supported Delarosa’s convictions of aggravated assault, aggravated battery, and possession of a firearm during the commission of a felony. OCGA §§ 16-5-21 (a), 16-5-24 (a), 16-11-106 (b).

A defendant may be convicted of aggravated assault with a deadly weapon as a party to the crime when his conduct supports an inference that he participated in a gunfight that injured the victim.

Dennis v. State · filed 2010-05-20(a)(2)

“A person commits the offense of aggravated assault when he or she assaults . . . [w]ith a deadly weapon. . . .” OCGA § 16-5-21 (a) (2). ... Here, the jury was authorized to find that Dennis first threatened to and then intentionally returned to the scene of an earlier argument with two armed men who fired the first shot. As a consequence, the jury was authorized to conclude that Dennis participated in a gunfight with Earven and Logan that resulted in injuries to the boy.

Pointing a gun at people and firing toward them can establish aggravated assault by placing them in reasonable apprehension of violent injury.

Rucker v. State · filed 2010-05-25(a)(2)

Based on Robinson and Merritt’s testimony, a rational trier of fact could conclude that Rucker committed aggravated assault upon both men by pointing his gun at them and shooting in their direction, placing them in reasonable apprehension of receiving a violent injury.

The victim’s testimony that a robber pointed a gun at him can support an aggravated-assault conviction against a challenge to proof of apprehension of immediate bodily injury.

Hester v. State · filed 2010-06-16(a)(2)

However, the record reveals that Mack, the actual victim of the aggravated assault, testified that one of the robbers pointed a gun at him. Because Hester’s claim of error is not supported by the record, it is without merit.

Section 16-5-21 (a) (1) supports an aggravated assault conviction when the defendant fires shots toward the victim and wounds him.

NYANE v. State · filed 2010-10-27(a)(1)

There also was ample evidence of Nyane’s guilt of aggravated assault based on Nyane’s act of firing two shots in the victim’s direction, wounding him in the chest and leg.

Section 16-5-21(a)(2) supports an aggravated assault conviction when threatening conduct with an open knife is proved beyond a reasonable doubt.

Prince v. State · filed 2010-10-27(a)(2)

Prince was charged with aggravated assault with a knife, an object which, when used offensively, is likely to cause serious bodily injury (OCGA § 16-5-21 (a) (2)). ... The evidence as outlined above was sufficient for a rational trier of fact to find Prince guilty beyond a reasonable doubt of aggravated assault with a knife and interference with an emergency medical professional by hitting the lieutenant on the shoulder.

Intentionally shooting at, toward, or in the direction of a person can establish aggravated assault.

Williams v. State · filed 2011-01-20(a)(2)

Based on this evidence, a rational trier of fact could conclude that Williams committed the crime of aggravated assault by shooting at, toward, or in the direction of Nichols.

Section 16-5-21(a)(2) permits an aggravated assault conviction for a stabbing with a knife when the evidence supports rejection of self-defense and defense of habitation.

Muckle v. State · filed 2011-01-26(a)(2)

There was sufficient evidence to support Muckle’s aggravated assault conviction for the same reasons discussed in Division 1.

Evidence that a defendant pointed an air pistol at a victim and threatened to kill her can support an aggravated assault conviction under subsection (a)(2).

Leeks v. State · filed 2011-06-01(a)(2)

But under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), the evidence outlined above was sufficient for a rational trier of fact to find beyond a reasonable doubt that Leeks was guilty of aggravated assault for pointing an air pistol at the victim and threatening to kill her. See OCGA § 16-5-21 (a) (2); see also Bartlett v. State, 244 Ga. App. 49, 51 (537 SE2d 362) (2000).

Brandishing a handgun can support an aggravated assault conviction when the victim testifies that she feared being shot.

Cannon v. State · filed 2011-06-23(a)(2)

In such regard, driver Alston testified at trial that she was afraid when she saw the gun; that she felt “[her] life could be in danger or something”; and that she chose not to drive away for fear that he would shoot. ... Given the bus driver’s testimony, we conclude that a rational trier of fact could have found Cannon guilty beyond a reasonable doubt of aggravated assault.

Evidence of a severe beating, choking, and threats to kill can sustain a conviction for aggravated assault with intent to murder.

Curtis v. State · filed 2011-07-13(a)(1)

The evidence set forth supra was sufficient to sustain Curtis’s convictions of aggravated assault with intent to murder; ... and hindering a person making an emergency telephone call.

A victim’s testimony alone can establish aggravated assault with intent to rob.

Clark v. State · filed 2011-07-15(a)(1)

The testimony of the victim, by itself, is legally sufficient to establish that Clark and Flournoy assaulted the victim with intent to rob and that at least one of the defendants was in possession of a firearm.

A defendant who gives another person a pistol and encourages an attack may be guilty as a party to aggravated assault with a deadly weapon.

Blanks v. State · filed 2011-08-02(a)(2)

Thus, there was sufficient evidence for a rational trier of fact to find that Blanks was guilty as a party to the aggravated assault with a deadly weapon.

A driver’s use of a vehicle can support an aggravated-assault conviction when the evidence shows that the person in its path apprehended serious bodily injury.

Myers v. State · filed 2011-09-14(a)(2)

Accordingly, the jury was presented with sufficient evidence to find that the officer was in apprehension of serious bodily injury and, thus, to convict Myers on this charge.

Evidence that a defendant pulled out a gun and shot two people was sufficient to support aggravated assault convictions under subsection (a)(2).

White v. State · filed 2011-11-07(a)(2)

White then pulled out a gun and shot Terrell and Tybias. ... Based on the evidence set forth above, the jury was authorized to find White guilty of each of the offenses. See OCGA §§ 16-5-2 (a); 16-5-21 (a) (2); 16-11-106 (b) (1); 16-11-126 (b); 16-11-131 (b).

Aggravated assault requires a simple assault and an aggravating factor such as use of a deadly weapon; firing shots at an occupied house can provide sufficient evidence when a person inside is struck.

FOAT v. State · filed 2011-06-29

“The offense of aggravated assault under OCGA § 16-5-21 has two essential elements: (1) that a simple assault under OCGA § 16-5-20 was committed on the victim and (2) that it was aggravated by” one of three factors, including the “use of a deadly weapon as provided in OCGA § 16-5-21.” ... Foat and Holmes shot at the house, resulting in Delshawn Flournoy being shot in the head. Such evidence was sufficient to support the convictions.

Evidence that the defendant joined in beating the victim and then threatened him with a knife supported convictions for aggravated assault with intent to rob and aggravated assault with a knife.

Harrell v. State · filed 2013-05-03

As set out above, viewed in favor of the jury’s verdict, the evidence was more than sufficient to convict Harrell of the remaining charges against him: Count 2, aggravated assault with intent to rob; Count 3, aggravated assault with a knife; Count 4, robbery by force and intimidation; Count 5, battery; Count 6, possession of a knife during commission of a felony (robbery and aggravated assault); and Count 7, contributing to the delinquency of minor Whitney Bonds.

Circumstantial evidence that the victim was inside a vehicle when the defendant threw a brick at it can support an aggravated assault conviction under § 16-5-21(a)(2).

Jones v. State · filed 2013-05-23(a)(2)

Pretermitting whether Natasha’s statement to the police officer was properly admitted under an exception to the hearsay rule, the evidence that the off-duty officer observed glass “all over” Natasha and that Natasha’s sister observed glass and speckles of blood on Natasha immediately after the incident support the jury’s conclusion that Jones threw the brick at Natasha’s vehicle while she was in it.

Section 16-5-21(a)(2) covers an assault with an object, device, or instrument that, when used offensively, is likely to cause or actually causes serious bodily injury.

Haymer v. State · filed 2013-08-27(a)(2)

A person commits aggravated assault, among other ways, by assaulting another “with any object, device, or instrument, which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” OCGA § 16-5-21 (a) (2). ... Applying these principles, we conclude that the evidence presented at trial and summarized above – including the testimony of the father, the son, and the woman who saw Haymer before and after the incident – was sufficient to authorize a rational jury to find Haymer guilty beyond a reasonable doubt of voluntary manslaughter and aggravated assault.

Evidence that a defendant used force and intimidation to take another person’s property can support a conviction for aggravated assault with intent to rob.

Aldridge v. State · filed 2014-02-19(a)(1)

Applying these principles, we conclude that the evidence presented at trial and summarized above — including the facts that Aldridge was advised that the mattresses belonged to Sewell and that Aldridge used force and intimidation to obtain one (if not all) of the mattresses that he took from Sewell’s immediate presence — was sufficient to authorize a rational jury to find Aldridge guilty beyond a reasonable doubt of robbery and aggravated assault.

Evidence that a defendant held a gun to the victim’s side and shot her can support an aggravated assault conviction despite disputes about the victim’s credibility.

Jones v. State · filed 2014-03-12(a)(2)

Following his convictions for aggravated assault, aggravated battery and possession of a firearm during the commission of a felony, Marquel C. Jones appeals from the denial of his motion for new trial, contending that the evidence was insufficient to sustain his convictions. ... In this case, the evidence was sufficient for a rational trier of fact to find Jones guilty of the crimes charged beyond a reasonable doubt.

Evidence that a participant struck a victim, covered his face with duct tape, beat him, and held a shotgun to his head can support an aggravated assault conviction under subsection (a)(2).

Tevon White v. State · filed 2014-03-27(a)(2)

Here, the victim testified that Kinsey was among the group of men who struck the victim in the back of the head with something that “felt like more than a fist,” covered his entire face in duct tape, causing difficulty breathing, kicked and punched him and held a shotgun to his head. This evidence was sufficient to authorize a jury to find Kinsey guilty beyond a reasonable doubt as a party to the crime of aggravated assault.

Section 16-5-21(a)(2) supports an aggravated-assault conviction as a party to the crime when evidence shows the defendant was among a group that beat the victim and held a shotgun to his head.

Kinsey v. State · filed 2014-03-27(a)(2)

Here, the victim testified that Kinsey was among the group of men who struck the victim in the back of the head with something that “felt like more than a fist,” covered his entire face in duct tape, causing difficulty breathing, kicked and punched him and held a shotgun to his head. This evidence was sufficient to authorize a jury to find Kinsey guilty beyond a reasonable doubt as a party to the crime of aggravated assault.

Section 16-5-21(a)(1) covers choking and threatening a victim with intent to rape.

Davis v. State · filed 2014-04-02(a)(1)

Although disputed, the evidence authorized the jury to find that Davis entered the victim’s home with the intent to rape her (a felony), choked her and threatened her, also with the intent to rape her, and penetrated her vagina with his fingers. These facts satisfied the essential elements of the crimes charged.

Section 16-5-21(a) supports an aggravated assault conviction when the defendant threatens to injure someone with a knife.

Jordan v. the State · filed 2014-07-31(a)

The evidence was sufficient to support the convictions of aggravated assault, for threatening to injure the victim with the knife, and non-consensual sodomy, for forcing the victim to engage in oral sex.

Section 16-5-21(a)(2) supports an aggravated assault conviction when evidence shows the defendant struck the victim with a metal object likely to cause serious bodily injury.

Tremblay v. the State · filed 2014-10-09(a)(2)

The combined testimony of the victim, the police officer who interviewed him and found the metal bar in the woods, and the two friends who accompanied Tremblay to the parking lot, along with the introduction into evidence of the metal bar used in the attack, was more than sufficient to sustain Tremblay’s conviction for aggravated assault.

Evidence that a defendant repeatedly struck a person’s head and arm with a baseball bat supports an aggravated assault conviction under § 16-5-21.

Davis v. the State · filed 2014-11-21(b)(2)

The evidence was sufficient to support the convictions for kidnapping and aggravated assault, so we affirm those convictions.

An assault with a box cutter held against and cutting a person’s stomach can support an aggravated-assault conviction under subsection (b)(2).

Brooks v. the State · filed 2015-02-18(b)(2)

This evidence also authorized the jury to find Brooks guilty of aggravated assault, which a person commits when he assaults another with “any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” OCGA § 16-5-21 (b) (2).

Circumstantial evidence that a person put a gun through a car window and attempted to hit the occupant can support an aggravated assault adjudication under subsection (b)(2).

In the Interest Of: C. S., a Child · filed 2015-10-22(b)(2)

We therefore conclude that the evidence relied upon by the trial court to find that C. S. was in fact the third assailant who put a gun in the car window and attempted to hit the victim, while circumstantial, was sufficient to exclude every reasonable hypothesis save that of C. S.’s guilt for the delinquent offenses of aggravated assault and possession of a firearm during the commission of a felony.

A victim’s identification of the gun-wielding assailant, supported by a fingerprint at the scene, can sustain an aggravated assault conviction under subsection (b)(2).

Jackson v. the State · filed 2016-01-25(b)(2)

Count two, also arising from the incident involving Mapp, charged Jackson with aggravated assault , which under OCGA § 16-5-21(b)(2) is predicated on a person assaulting another with a deadly weapon or any object that, “when used offensively against a person, is likely to or actually does result in serious bodily injury[.]” ... In the light of this evidence, the jury was authorized to find that Jackson committed both armed robbery and aggravated assault on Mapp.

Section 16-5-21(b)(2) permits an aggravated assault conviction when evidence shows the defendant stabbed the victim with a knife during a fight.

Wilson v. the State · filed 2016-03-11(b)(2)

This evidence authorized the jury to find that Wilson committed aggravated assault against Cade. See OCGA § 16-5-21 (b) (2) (“A person commits the offense of aggravated assault when he or she assaults . . . [w]ith 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.”).

A conviction for aggravated assault with a deadly weapon may be supported by evidence that the defendant stabbed the victim with a knife and was the aggressor.

Woodward v. the State · filed 2017-08-08(a)(2)

Woodward’s evidence conflicted with the State’s evidence, as outlined above, which showed that Woodward was the aggressor in using a knife as a deadly weapon to injure his step-father. We find that the evidence was sufficient.

Under former subsection (a)(1), evidence that a person held victims at gunpoint and stole their property supports an aggravated-assault conviction based on intent to rob.

Smith v. the State · filed 2017-08-30(a)(1)

Finally, the State charged Smith with aggravated assault, alleging in Count 6 that he assaulted “[A. J.], with intent to rob, by pointing a gun at said victim. . . .” And as previously noted, the evidence showed that Smith held the four boys at gunpoint, forced them into the pool to restrict their ability to flee, and stole two cell phones and money from them before fleeing. Accordingly, the evidence was sufficient to support Smith’s convictions.

Evidence that a defendant pointed a gun at a victim while an armed accomplice threatened to kill him is sufficient to support an aggravated assault conviction under subsection (a).

Carter v. State · filed 2017-10-23(a)

The evidence outlined above was sufficient to sustain Carter’s conviction. See OCGA §§ 16-5-21 (a) (defining aggravated assault, including assault “[w]ith a deadly weapon”); 16-11-106 (b) (defining possession of a firearm during the commission of a felony); 16-11-131 (b) (defining possession of a firearm by a convicted felon); Jackson, supra.

Witness testimony that the accused attacked the victim with a knife can support a conviction under § 16-5-21(a)(2), even when knives recovered at the scene test negative for blood.

Williams v. State · filed 2018-05-14(a)(2)

Both the victim and Hughes testified that Williams entered the victim’s bedroom with a knife and that the victim suffered lacerations to his arm and head that required his hospitalization. In this case, either the victim’s or Hughes’s testimony, standing alone, was sufficient to sustain Williams’s convictions as alleged in the indictment.

Aggravated assault upon a peace officer may be established by driving toward officers at high speed, close enough that they brace for impact.

In the Interest of M. C., a Child · filed 2018-05-24(b)

Likewise, the testimony that M. C. swerved and drove toward the two officers at a speed of at least 80 miles per hour, so close to the officers that they braced for impact, authorized the juvenile court to conclude that M. C. committed an aggravated assault upon both officers.

Firing a gun at an occupied car supports an aggravated assault conviction when the jury rejects the claimed justification.

WILLIAMS v. the STATE. · filed 2018-08-08(b)(2)

The evidence adduced at trial in this case authorized the jury to find that Williams intentionally fired a gun at his fiancée and her three children as they were sitting in his fiancée’s car. ... Accordingly, the trial court did not err in determining that the State carried its burden of introducing evidence that disproved Williams’ alleged justification for his use of deadly force and that the evidence was sufficient to support his convictions for aggravated assault.

Section 16-5-21(a)(2) permits an aggravated-assault conviction when testimony establishes that a defendant fired a deadly weapon toward a victim and caused fear of serious injury or death.

JACKSON v. the STATE · filed 2018-08-17(a)(2)

Moreover, each victim testified that he feared for his life and that Jackson’s actions of firing upon them with deadly weapons placed them in apprehension of receiving serious injury or death. . This evidence was sufficient to support each of the counts of aggravated assault charged in the indictment.

Evidence that a defendant pointed a gun at a person and shot her can support a conviction for aggravated assault with a deadly weapon.

VASS v. the STATE. · filed 2018-10-04(a)(2)

The indictment pertinently alleged that Vass committed the offense of aggravated assault by assaulting S. G. with a deadly weapon and that he possessed a firearm during the commission of a felony (aggravated assault). See OCGA §§ 16-5-21 (a) (2), 16-11-106 (b) (1). ... The evidence at trial was sufficient to authorize a rational trier of fact to find Vass guilty beyond a reasonable doubt of the offenses for which the jury returned verdicts of guilt.

Chasing a person while holding knives can provide sufficient evidence of aggravated assault.

JOHNSON v. the STATE. · filed 2019-02-07(a)(2)

The State’s evidence showing that Johnson chased the stepfather while holding the knives was sufficient to support his conviction for aggravated assault.

Evidence that the defendant shot the victim and continued firing as the victim attempted to retreat was sufficient to support an aggravated assault conviction.

Goodson v. State · filed 2019-02-18(a)(2)

There was evidence presented that Worley was first shot in the arm and attempted to retreat as Goodson continued to fire. This was sufficient for a jury to find Goodson guilty of aggravated assault. See OCGA § 16-5-21 (a) (2).

Evidence that a robber held a gun on a clerk while stealing cash and lottery tickets supports an aggravated assault conviction.

Beamon v. State · filed 2019-02-21(a)(1-2)

Pursuant to OCGA § 16-5-21 (a) (1-2), “[a] person commits the offense of aggravated assault when he . . . assaults . . . [w]ith intent to . . . rob . . . [or assaults] [w]ith a deadly weapon . . . which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” ... The video shows Beamon burst into the store’s enclosure and hold a gun on the clerk while he stole cash and lottery tickets. Items of clothing and a weapon similar to those seen on the video were recovered at his residence and admitted into evidence. This evidence was sufficient to support Beamon’s conviction on the three offenses.

Aggravated assault convictions can be supported by evidence that a defendant held a knife to one victim’s neck while threatening her and struggled with another person while holding the knife.

George Cordova, Jr. v. State · filed 2019-08-21(a)(2)

The State presented evidence at trial that the Appellant held a knife to J. M. G.’s neck upon entering her bedroom and threatened to hurt her, in the presence of N. M. G., who heard the Appellant’s statement. Also, the record shows that J. M. struggled with the Appellant, who was holding a knife, to remove him from the girls’ bedroom after the Appellant gained entry a second time into J. M.’s home. Therefore, the evidence was sufficient to support the Appellant’s convictions on the crimes as indicted in Counts 2, 3, and 5.

Evidence that defendants participated in a group beating with fists and feet can support aggravated assault convictions.

SMITH v. THE STATE (Three Cases) · filed 2019-10-21(a)

And in light of other evidence that the fight in the club was focused primarily on beating Stanford — a beating that no one disputes amounted to aggravated assault — the jury reasonably could have inferred that Hawkins and Seay were parties to the aggravated assault. ... Although the evidence against Hawkins and Seay is far from overwhelming, it is just enough to sustain their convictions for aggravated assault.

Evidence that a passenger shot the victim and the defendant drove the vehicle away can support a conviction for aggravated assault with a deadly weapon.

Perdomo v. State · filed 2020-01-13(a)(2)

“A person commits the offense of aggravated assault when he or she assaults . . . [w]ith a deadly weapon[.]” OCGA § 16-5-21 (a) (2). ... Melvin Williams testified that one of the passengers cursed at him and then shot him in the leg; Melvin Williams positively identified Appellant as the driver of the vehicle, which, notably, sped away after the shooting. The evidence was plainly sufficient to authorize the jury’s verdicts.

Firing several shots at a person with a handgun, with one shot striking that person, is sufficient evidence of aggravated assault with a deadly weapon.

Sherrod v. State · filed 2020-06-17(b)(2)

In this matter, the State presented evidence that Sherrod fired several shots at Steele outside of the pool hall and that one of those shots struck Steele in the back. ... Given these circumstances, the evidence was sufficient to support Sherrod’s conviction of aggravated assault.

Evidence that a defendant choked his wife, corroborated by visible neck injuries, is sufficient to support an aggravated assault conviction.

Moore v. State · filed 2020-10-01(a)(2)

The victim testified that, while they were married, Moore put his hands around her throat and choked her, the victim’s doctor and nurse testified about the victim’s visible injuries to her neck, and photographs were introduced of those injuries. ... Accordingly, the evidence was sufficient for the jury to find Moore guilty of aggravated assault (family violence).

Evidence that a defendant shot a person in the head at close range is sufficient to support a finding of aggravated assault.

Casey v. State · filed 2020-11-12(a)

This evidence was sufficient as a matter of due process to authorize a rational trier of fact to find Casey guilty of felony murder predicated on aggravated assault and possession of a firearm during the commission of a felony.

Firing multiple shots into a car occupied by the victims can support aggravated assault convictions even when only one victim is struck.

Gobert v. State · filed 2021-04-19(a)(2)

As to both counts, the jury heard evidence that Gobert fired multiple shots into the car where Putnam and Harrison were riding and that one of those shots hit Putnam’s leg. Thus, the evidence presented at trial was sufficient to support the jury’s verdicts as to the aggravated assaults of Putnam and Harrison.

A participant who shares an intent to rob and acts as a lookout while an accomplice assaults the victims can be guilty of aggravated assault with intent to rob.

Felts v. State · filed 2021-05-17(a)(1)

This evidence established each element of the offense of aggravated assault with intent to rob and authorized the jury to find that Felts “shared a common criminal intent with the direct [perpetrator]” of the crimes.

Evidence that the defendant shot the victim can support a finding of aggravated assault with a deadly weapon as the predicate for felony murder.

Tyler v. State · filed 2021-06-01(a)(2)

OCGA § 16-5-21 (a) (2) provides, in relevant part, that “[a] person commits the offense of aggravated assault when he or she assaults . . . [w]ith a deadly weapon[.]” ... Here, the evidence presented at trial was sufficient to support Tyler’s conviction for felony murder predicated on aggravated assault. The jury could conclude from the evidence presented at trial and summarized above that Tyler shot Fulkrod so that he could steal copper from CMC Recycling.

Circumstantial evidence can establish an assault with intent to rape under § 16-5-21(b)(1).

Rendon-Villasana v. State · filed 2021-07-23(b)(1)

And evidence that he drove away with an intoxicated and “passed out” K. H. as soon as her companion stepped out of the vehicle, that when he was stopped by police, K. H.’s pants were unbuttoned, her underwear had been pulled down, and she had bruising on her thighs, and that his DNA was found on K. H.’s rectal swab, was sufficient to establish that he assaulted K. H. with intent to rape her.

Aggravated assault includes an assault committed with intent to rob or with a deadly weapon, and a participant may be convicted as a party to the crime.

McMillan v. State · filed 2020-10-23(b)(1), (2)

A person commits the offense of aggravated assault when he assaults another person, with the intent to rob or with a deadly weapon. ... Here, with respect to the armed robbery and aggravated assault against S. G., the evidence, as summarized above, was more than sufficient for the jury to find McMillan guilty of each of the charged offenses as a party to the crimes.

Firing a gun at an occupied vehicle can support a finding of aggravated assault with a deadly weapon when the jury is authorized to reject testimony that the shooting was provoked.

Jones v. State · filed 2022-09-20(a)(2)

Although Jones and his family members claimed that Jones was scared and shot at the sedan only after seeing the passenger point a gun at him and fire, the physical evidence and other testimony authorized the jury to discredit their version of events and instead find that Jones committed an unprovoked aggravated assault resulting in the death of the victims.

Under § 16-5-21(a)(2), a jury may infer that a knife was used from the victim’s wound and blood on the knife, even if the victim did not see it.

Echols v. State · filed 2021-11-19(a)(2)

Given the nature of the wound on Howard’s throat and the presence of blood on the knife, the jury could have inferred that Echols assaulted Howard with the knife.

Intentionally firing a gun at another person without justification can support an aggravated-assault conviction.

Darnell Craw v. State · filed 2023-09-19(a)(2)

And intentionally firing a gun at another, absent justification, “may be sufficient in and of itself to support a conviction of aggravated assault.”

Evidence that an officer shot an unarmed person without legal justification can support a conviction for aggravated assault with a deadly weapon.

Olsen v. State · filed 2024-03-12(a)(2)

As to the crime of aggravated assault, the evidence presented at trial, even absent the conflicting provisions of the UFP, was sufficient for a reasonable jury to conclude that Olsen shot Hill — a naked, unarmed man in the midst of a mental health crisis — without legal justification.

Evidence of belt beatings and resulting bruises can support an aggravated assault conviction under subsection (a)(2).

Rosenbaum v. State · filed 2024-10-30(a)(2)

We hold that the state presented sufficient evidence from which a jury could find Rosenbaum guilty of these counts beyond a reasonable doubt, given M. P.’s outcries that he caused bruises by beating her and that both Rosenbaums kneed the children in the stomach and beat them with belts.

Section 16-5-21(a)(2) supports an aggravated assault conviction when gunfire strikes officers’ shield and the area around them, placing them in fear of being shot.

Smith v. State · filed 2025-10-10(a)(2)

Here, each officer testified that Smith fired a gun at them, those bullets struck the shield the officers used for protection, as well as the area around where the officers were positioned, and the officers feared they could be shot while attempting to serve the arrest warrant. This evidence was sufficient for the jury to convict Smith of aggravated assault.

Evidence that a defendant threatened a victim and pointed a gun at his head can support an aggravated-assault conviction when the trier of fact rejects his self-defense claim.

Fitzgerald v. State · filed 2026-02-10

Reviewing the evidence in the light most favorable to the verdict, we conclude that the evidence presented at trial was sufficient to allow a rational trier of fact to reject Fitzgerald’s claim of self-defense and find him guilty beyond a reasonable doubt of the crimes for which he was convicted. See OCGA § 16-5-21 (aggravated assault); § 16-11-106 (possession of a firearm during the commission of a felony).

Subsection (a)(2) covers assault with a deadly weapon; evidence that the defendant assaulted the victim with a rifle supported the aggravated assault conviction.

Fitzpatrick v. State · filed 2010-02-03(a)(2)

Here, evidence was presented showing that Fitzpatrick entered the home of Cotton and Tucker without authority, that he did so with the intent to commit the felony of aggravated assault, ... and that he assaulted Cotton with a deadly weapon after Cotton attempted to prevent him from entering the children’s bedroom.

Evidence that a defendant stabbed the victim with a deadly weapon can sustain an aggravated assault conviction under subsection (a) (2).

Morgan v. State · filed 2020-04-03(a) (2)

Although Morgan has not argued insufficiency on appeal, we have reviewed the record and conclude that the evidence, construed in support of the verdict, was sufficient to sustain her conviction for aggravated assault. See OCGA § 16-5-21 (a) (2) (defining aggravated assault as assault with a deadly weapon); Cockrell v. State, 281 Ga. 536, 536-537 (1) (640 SE2d 262) (2007) (evidence was sufficient to support conviction for aggravated assault when defendant stabbed unarmed victim during a physical altercation); Jackson, supra.

Under former § 16-5-21(a)(2), brandishing a knife while ordering victims to undress can support an aggravated assault conviction.

Howard v. the State · filed 2017-02-01(a)(2)

Former OCGA § 16-5-21 (a) (2) provided, in pertinent part: “A person commits the offense of aggravated assault when he assaults . . . [w]ith a deadly weapon . . . which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” ... In this case, the State presented evidence that Howard offered to drive the two victims home, but then took them to a remote location and ordered the women to ... undress while he brandished a knife. ... Thus, the evidence was sufficient to support Howard’s convictions.

Pointing a gun at victims while ordering them into a corner and demanding their money is sufficient to support an aggravated assault conviction under subsection (a)(2).

Mahogany v. State · filed 2023-02-13(a)(2)

The testimony of Williams and Scott that Mahogany aimed a gun at the victims, directed them to get into the corner of the room and “give it up,” collected ... their money, and then fled is sufficient to support his convictions for aggravated assault.

Section 16-5-21(a)(2)’s “serious bodily injury” language is sufficiently clear when applied to an injury involving impaired vision and hearing, removal of brain tissue, and a month-long hospital stay.

Watkins v. State · filed 1985-04-16(a)(2)

No one of common intelligence could fail to understand the proper application of that portion of the statute which punishes infliction of “serious bodily injury.”

Reckless conduct is a lesser included offense of aggravated assault with a deadly weapon when the indictment alleges that the victim was shot.

Bowers v. State · filed 1985-11-07(a)(2)

Therefore, we hold that, as to an indictment for the commission of an aggravated assault with a deadly weapon based upon allegations that the victim ... was actually shot, a verdict of guilty of the crime of reckless conduct may be returned thereon, such a verdict not constituting an unauthorized amendment of the indictment.

When an assault is committed with a knife, simple assault is not a lesser included offense of aggravated assault.

Petty v. State · filed 1986-07-02

Because the assault was committed with a knife, the trial court properly refused to instruct the jury that simple assault was a lesser included offense.

When the evidence permits a finding of either completed aggravated assault with intent to rape or no offense, a simple battery instruction is unwarranted.

Wilson v. State · filed 1990-02-15(a)(1)

The State’s evidence if accepted was sufficient to enable the jury to find that appellant had committed the charged aggravated assault with intent to rape, beyond a reasonable doubt. ... Therefore, the evidence allowed the jury to find either the completed charged offense or no offense, and it was not error to refuse to charge on simple battery.

Simple battery is not necessarily included in aggravated assault as a matter of law, but it may be included when the facts and indictment encompass physical contact or harm.

Mathis v. State · filed 1987-10-05(a)

Battery is therefore not necessarily included in aggravated assault, as a matter of law, but the facts in a given situation may be such that it is included as a matter of fact.

Terroristic threats may be a lesser included offense of aggravated assault with a deadly weapon when the indictment and evidence establish the threat.

Messick v. State · filed 1993-06-04(a)(2)

Thus, terroristic threats was included in the offense of aggravated assault with a deadly weapon as a matter of fact in this particular case, and the trial court did not err in instructing the jury accordingly.

Aggravated assault under § 16-5-21(a)(2) protects a person placed in reasonable apprehension of serious bodily injury, so criminal trespass, which protects property, is not a lesser included offense as a matter of law.

Robinson v. State · filed 1995-07-13(a)(2)

Rather, these offenses differ in the classification of the interests that each statute seeks to protect — the person placed in reasonable apprehension of receiving serious bodily injury in the case of aggravated assault and the property of another in the case of criminal trespass. See id. Thus, criminal trespass is not a lesser included offense as a matter of law.

When aggravated assault is charged based on use of a gun as a deadly weapon, simple assault is not a lesser included offense.

Stubbs v. State · filed 1996-01-25(a)(2)

The State does not contest that the verdict returned was on an uncharged offense and that simple assault was not a lesser included offense; the State has consistently taken the position at trial and on appeal that this verdict was a nullity and operated as an acquittal on Count 1. We agree. The trial court erred in sentencing Stubbs on Count 1, and this portion of the judgment of conviction and sentence must be reversed.

Mutiny in a penal institution is not a lesser included offense of aggravated assault because the crimes require proof of different elements.

Bierria v. State · filed 1998-05-21

In looking at these two Code sections, it becomes readily apparent that mutiny in a penal institution is established by proof of different elements than those required to establish aggravated assault and, therefore cannot be a lesser included offense of aggravated assault.

Aggravated assault is not a lesser included offense of kidnapping because kidnapping does not require all the elements of aggravated assault.

BOXER X v. State · filed 1999-04-07

Those elements do not include the elements required to prove aggravated assault, OCGA § 16-5-21, simple assault, OCGA § 16-5-20, or battery, OCGA § 16-5-23.

Battery and simple battery instructions are not required as lesser included offenses of aggravated assault with intent to rape when the evidence supports either the completed offense or no offense.

Williams v. State · filed 2001-02-28(a)(1)

Contrary to Williams' argument, the evidence showed either the commission of the completed offenses of aggravated assault with intent to rape and child molestation as charged or the commission of no offense. Consequently, there was no error in the court's failure to charge the lesser offenses.

An aggravated-assault charge requires a reckless-conduct instruction only when the evidence reasonably raises that lesser offense.

Martin v. State · filed 2007-02-21(a)(1)

Although reckless conduct can be a lesser included offense of aggravated assault, the trial court need not charge on this lesser included offense absent a factual predicate which reasonably raises it.

Aggravated assault with intent to murder may be a lesser included offense of malice murder when the indictment alleges that the defendant caused death by striking the victim.

Reagan v. State · filed 2006-10-02(a)(1)

Thus an indictment charging that the defendant “did unlawfully and with malice aforethought cause the death of Paul McKeen, Jr., a human being, by striking him” places the defendant on notice that he could be convicted of assaulting the victim with the intent to murder him or to commit a violent injury. The only difference is that the malice murder indictment alleges that the defendant actually accomplished the murder, in addition to having intended to accomplish the murder. Accordingly, the trial court did not err in charging the jury that Reagan could be convicted of aggravated assault as a lesser included crime of malice murder.

Simple assault is necessarily a lesser included offense of aggravated assault.

Bostic v. State · filed 2008-01-16

Simple assault is necessarily a lesser included offense of aggravated assault.

A charge of aggravated assault with a vehicle requires a requested reckless-driving instruction when the evidence could support criminal negligence rather than an intent to injure.

Young v. State · filed 2008-10-24(a)(2)

In this case, there was evidence from which the jury could have concluded that Young did not intend to injure Officer Shoemaker but that Young’s decision to drive off suddenly with Officer Shoemaker in close proximity to Young’s truck was nonetheless an act of criminal negligence, which would have supported a conviction for reckless driving. ... Under the circumstances in this case, the trial court should have given Young’s requested charge on the offense of reckless driving.

An assault committed with a deadly weapon is aggravated assault; when the evidence supports only that offense or no offense, a simple-assault instruction is unwarranted.

Paul v. State · filed 2009-02-11(a)(2)

Here, the evidence shows that if Paul committed a simple assault, it was done with a deadly weapon, making the crime an aggravated assault. Thus, a charge on simple assault was not warranted.

A defendant charged with aggravated assault with intent to rob is not entitled to an attempted armed robbery instruction when proof of the attempt necessarily establishes the completed aggravated assault.

Pilkington v. State · filed 2009-06-12(a)(1)

Pilkington was not entitled to a charge or verdict of attempted armed robbery when that offense could only be proved by showing that he brandished a weapon in the faces of his victims with the intent to rob them, that is, that he actually committed the greater offense, a completed aggravated assault with the intent to rob.

Aggravated assault requires intentional conduct; reckless conduct may be a lesser included offense when evidence supports criminal negligence.

Chambers v. State · filed 2011-03-24(a)(2)

Because aggravated assault requires proof that the forbidden act is intentional, while in the case of reckless conduct the forbidden act is the product of criminal negligence, ... reckless conduct can be deemed a lesser included offense of aggravated assault.

Aggravated assault with an offensive object under subsection (a)(2) can be a lesser included offense of aggravated assault on a peace officer under subsection (c), allowing an indictment to survive a general demurrer.

State v. Wilson · filed 2012-09-25(a)(2)

Consequently, pretermitting whether this count sufficiently charged Wilson with assaulting someone he knows is a peace officer, pursuant to OCGA § 16-5-21 (c), he still cannot admit to these allegations without being guilty of committing the lesser included offense of aggravated assault under OCGA § 16-5-21 (a) (2). Therefore, we conclude that this count was legally sufficient to withstand a general demurrer.

Aggravated assault is a lesser included offense of aggravated assault on a peace officer.

State v. Wilson · filed 2012-09-25(a)(2), (c)

Thus, in this case, aggravated assault is a lesser included offense of aggravated assault on a peace officer as a matter of fact and law.

When the evidence shows an assault committed with a gun and no assault without one, a defendant is not entitled to a jury instruction on simple assault as a lesser included offense of aggravated assault.

Johnson v. State · filed 2013-03-07

Under these facts, Johnson “either committed an aggravated assault or none at all. There was no evidence of an attempt to commit an injury not involving a gun.” (Citation and punctuation omitted.) Dickerson, supra at 241 (1). It follows that the trial court did not err when it refused to charge the jury on simple assault.

Aggravated assault with a deadly weapon can warrant a reckless conduct instruction when slight evidence supports accidental pointing and the underlying assault is an attempted violent injury.

Donald Harris, Jr. v. State · filed 2017-09-18(a)(2)

However, we find that Harris was entitled to a reckless conduct charge as a lesser included offense of aggravated assault with a deadly weapon based on OCGA § 16-5-20 (a) (1) for attempting to commit a violent injury to the person of another.

When an indictment alleges aggravated assault with a deadly weapon and the evidence shows an assault with that weapon, battery is not a lesser included offense requiring a jury instruction.

Jones v. State · filed 2021-03-16(a)(2)

The offense of battery is not necessarily a lesser included offense of aggravated assault. ... Therefore, the trial court was not required to charge the jury on battery as a lesser included offense.

An assault with a deadly weapon is aggravated assault; a simple assault instruction requires evidence of an assault by another means.

Campbell v. State · filed 2021-05-12(a)(2)

This is because an assault using a deadly weapon or other instrument capable of causing serious bodily harm is, by definition, an aggravated assault rather than a simple assault.

Aggravated assault on an officer under § 16-5-21(c) requires proof that the officer was discharging official duties; felony obstruction is a lesser included offense when the charged assault alleges knowingly using a vehicle to collide with the officer.

Rouse v. State · filed 2024-12-10(c)

The indictment further alleged that the aggravated assaults were committed against the officers while they were engaged in their official duties, enhancing the sentencing provisions and requiring proof that the officers were, at the time of the assaults, discharging their duties. ... Given the allegations here — that Rouse knowingly used his vehicle to cause a collision with officers acting in their official capacities — the crime of felony obstruction was established by proof of the same or less than all the facts required to establish Counts 3 and 4 of the indictment. The trial court, therefore, erred in refusing to charge the jury on felony obstruction as a lesser included offense of the aggravated assaults alleged in these counts.

When aggravated assault is charged as striking with fists, battery may be a lesser included offense if the jury could find that the fists were not used as a deadly weapon.

Dupree v. State · filed 2025-02-20(a)(2)

Because both aggravated assault counts of the indictment alleged that Dupree committed the crime by striking the victim with his fists, we hold that the charging error concerns both counts.

Pointing a firearm at someone can constitute aggravated assault when the victim reasonably apprehends immediate violent injury; evidence of that apprehension does not warrant an instruction on misdemeanor pointing a gun as a lesser-included offense.

Rivera v. State · filed 2025-04-25(a)(2)

And as a result, the trial court did not err in refusing to charge the jury on the misdemeanor of pointing a gun at another as lesser included offense of aggravated assault.