Watson v. State

10 Citing cases

  1. Myers v. State

    716 S.E.2d 772 (Ga. Ct. App. 2011)

    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[.]"); see also OCGA § 16-5-20 (a) (1-2) ("A person commits the offense of simple assault when he or she either . . . [a]ttempts to commit a violent injury to the person of another; or . . . [c]ommits an act which places another in reasonable apprehension of immediately receiving a violent injury.").See Watson v. State, 301 Ga. App. 824, 826 ( 689 S.E.2d 104) (2009) (holding that there was sufficient evidence of aggravated assault when defendant threw a glass bowl at his manager and "the manager's act of raising her hand protectively showed apprehension of violent injury"); Williams v. State, 270 Ga. App. 371, 371 (1) ( 606 S.E.2d 594) (2004) ("There was evidence to support the jury's verdict that Williams committed aggravated assault when he accelerated toward the police officers, putting them in reasonable apprehension of immediate injury." (citations omitted)); Richardson v. State, 261 Ga. App. 55, 56 ( 581 S.E.2d 694) (2003) (holding that there was sufficient evidence of aggravated assault when the defendant fired shots at a moving vehicle and the passenger testified that he "leaned to the side" to get away from shots and that he was scared).

  2. In re J. H.

    354 Ga. App. 253 (Ga. Ct. App. 2020)   Cited 2 times

    Under the Code, aggravated assault has two essential elements: (1) an attempt to commit a violent injury, or an act that places another in reasonable apprehension thereof, and (2) that the assault was aggravated by either (a) an intention to murder, rape or rob, or (b) the use of a deadly weapon or an object that likely could or actually did result in serious bodily injury. Watson v. State , 301 Ga. App. 824, 825, 689 S.E.2d 104 (2009) (citation and punctuation omitted); see also In the Interest of L. J. , 337 Ga. App. at 655 (1) n. 4, 788 S.E.2d 531 ("[A]ggravated assault is shown by proof of certain aggravating circumstances and an assault. Simple assault is shown by either proof that the defendant attempted to injure someone, OCGA § 16-5-20 (a) (1), or that the victim was in reasonable apprehension of immediately receiving a violent injury.

  3. Myers v. the State.

    716 S.E.2d 772 (Ga. Ct. App. 2012)

    FN8. 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 [.]”); see also OCGA § 16–5–20(a)(1–2) (“A person commits the offense of simple assault when he or she either ... [a]ttempts to commit a violent injury to the person of another; or ... [c]ommits an act which places another in reasonable apprehension of immediately receiving a violent injury.”). FN9. SeeWatson v. State, 301 Ga.App. 824, 826, 689 S.E.2d 104 (2009) (holding that there was sufficient evidence of aggravated assault when defendant threw a glass bowl at his manager and “the manager's act of raising her hand protectively showed apprehension of violent injury”); Williams v. State, 270 Ga.App. 371, 371(1), 606 S.E.2d 594 (2004) ( “There was evidence to support the jury's verdict that Williams committed aggravated assault when he accelerated toward the police officers, putting them in reasonable apprehension of immediate injury.” (citations omitted)); Richardson v. State, 261 Ga.App. 55, 56, 581 S.E.2d 694 (2003) (holding that there was sufficient evidence of aggravated assault when the defendant fired shots at a moving vehicle and the passenger testified that he “leaned to the side” to get away from shots and that he was scared). FN10. SeeWatson, 301 Ga.App. at 825–26, 689 S.E.2d 104 (“[T]he State was only required to show an attempt to commit a violent injury, or an act that places another in reasonable apprehension thereof.”

  4. Pulliam v. State

    309 Ga. App. 477 (Ga. Ct. App. 2011)   Cited 6 times

    Thus, the trial court did not err in permitting Moss to testify as to his broken ribs.Watson v. State, 301 Ga. App. 824, 826 ( 689 SE2d 104) (2009) (victim of aggravated assault testified to broken fingers and injuries to head and spine resulting from attack by defendant), citing Jones, supra at 567 (2) (victim testified that her right jawbone was fractured during attack). See Ferrell v. State, 283 Ga. App. 471, 473 (2) ( 641 SE2d 658) (2007) (victim testified to injuries including eye socket broken in three places, broken cheekbone and nose, and four broken ribs); Code v. State, 255 Ga. App. 432 (1) ( 565 SE2d 477) (2002) (victim testified to jaw broken in two places).

  5. Cantu v. State

    697 S.E.2d 310 (Ga. Ct. App. 2010)   Cited 7 times

    (Citation and punctuation omitted.) Watson v. State, 301 Ga. App. 824, 826 ( 689 SE2d 104) (2009). And with respect to Cantu's argument that the trial court thereafter should have instructed the jury on each juror's duty to independently arrive at a decision, "[t]he need, breadth, and formation of additional jury instructions are left to the sound discretion of the trial court.

  6. Espinosa-Herrera v. State

    361 Ga. App. 99 (Ga. Ct. App. 2021)

    In addition, the State was required to prove only that the way in which Espinosa-Herrera used her hands and feet against A. R. was likely to result in serious bodily injury, not that it actually caused such injury. See OCGA § 16-5-21 (a) (2) ; see also Watson v. State , 301 Ga. App. 824, 826, 689 S.E.2d 104 (2009). We conclude that the evidence was sufficient to authorize a rational trier of fact to find Espinosa-Herrera guilty of aggravated assault beyond a reasonable doubt.

  7. Tyson v. State

    358 Ga. App. 329 (Ga. Ct. App. 2021)

    OCGA § 16-5-21 (a) (2). See also Watson v. State , 301 Ga. App. 824, 826, 689 S.E.2d 104 (2009) (to prove aggravated assault "the State was only required to show that [the object used against the victim] was likely to result in serious bodily injury, not that it actually caused such injury"). In this case, the first eyewitness testified that Tyson used his hands and feet to "beat[ ] the tar out of" the victim, she described the incident as one of the worst things she had ever witnessed, and explained that the attack was so vicious, she wondered if the victim would survive it.

  8. In re I. H.

    350 Ga. App. 394 (Ga. Ct. App. 2019)

    Accordingly, there was sufficient evidence to sustain I. H.’s adjudication for aggravated assault on a peace officer. See Hendrix , 328 Ga. App. at 820-821 (1), 762 S.E.2d 820 (affirming defendant’s conviction for aggravated assault where he threw a table at the victim); Watson v. State , 301 Ga. App. 824, 826, 689 S.E.2d 104 (2009) (holding that there was sufficient evidence to show that the defendant committed aggravated assault when he threw a glass bowl at the victim); Sims v. State , 296 Ga. App. 461, 463 (1), 675 S.E.2d 241 (2009) (finding in an aggravated assault case that "the evidence was sufficient to support an inference by the jury that [the defendant] had the requisite general intent to injure the deputy"). 2. I. H. contends that the trial court erred by failing to merge certain counts in the delinquency petition.

  9. In re Interest of L. J.

    337 Ga. App. 653 (Ga. Ct. App. 2016)   Cited 2 times

    Based on this evidence, a rational trier of fact could have made an adjudication of delinquency on the charge of aggravated assault by taking the bow and arrow and knocking the arrow. Howard , 288 Ga. at 742(1), 707 S.E.2d 80 (“Proof that the victim has been placed in apprehension of immediately receiving a violent injury ... may be inferred from the conduct of the victim such as when he retreats to secure his safety”) (citations and punctuation omitted); see Watson v. State , 301 Ga.App. 824, 826, 689 S.E.2d 104 (2009) (victim “raising her hand protectively” showed reasonable apprehension of violent injury). Pursuant to OCGA § 16–5–21 (b), aggravated assault is shown by proof of certain aggravating circumstances and an assault.

  10. Riddick v. State

    320 Ga. App. 500 (Ga. Ct. App. 2013)   Cited 8 times

    Watson v. State, 301 Ga.App. 824, 826, 689 S.E.2d 104 (2009) (citations and punctuation omitted).Wilson v. State, 234 Ga.App. 375(1), 506 S.E.2d 882 (1998) (citation omitted).