Due to recent events surrounding a Wells Fargo Bank, the Doraville police had been on the lookout for a robbery suspect thought to be involved. According to the AJC, Darrel Cunningham had been targeting bank teller machines and robbing individuals. When confronted about his purpose of being near the teller machine, Cunningham fled the scene and is still on the run from the police.
Once Mr. Cunningham left the scene, in addition to potentially facing charges of Armed Robbery, he will also face charges involving fleeing and eluding, obstruction and aggravated assault, to name a few. Many people don't realize that actions have consequences and here in particular the crime of Aggravated Assault. Aggravated battery is defined in O.C.G.A. 16-5-21 and involves, in this case, assaulting another with a weapon which would likely or could cause bodily harm. In this case, aggravated assault would be threatening the use of the weapon, which is what the state will have to prove. Assault and battery alone are serous charges and may be more applicable than the felony charge of aggravated assault which can carry up to 20 years in prison.
The offense of Simple Assault is defined by the statute from O.C.G.A. 16-5-20 In part, this statute states that a person commits the offense of simple assault when they intentionally places a person in a position where they are placed in fear of immediate injury by their action.
Once Cunningham fled the area, the police will charge him with fleeing and eluding (o.c.g.a. 40-6-395) which could be charged as a felony when combined with other charges. More than likely the officers will also throw in an obstruction charge since once he fled he is interfering with their investigation.
Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Simple Battery or Battery. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutors office.
Have you been arrested for Battery, Simple Battery, Aggravated Battery, Simple Assault or Aggravated Assault, fleeing and eluding, obstruction or even parties to a crime?
Every case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would take examination of the facts surrounding your case and creating a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.