Legal Question in Criminal Law in Georgia

Aggravated Assault or Voluntray Attempted Manslaughter?

If a husband attacks his wife while sleeping by placing a rope around her neck and strangling her until she passes out (approximately 10-15 seconds) and ceases when she does pass out, immediately going into shock (the Husband) and doesn't remember the incident, would that be considered Aggravated Assault or Voluntary Attempted Manslaughter?

Some background to the question. The husband knew his wife was having an affair. The morning of the incident, she was provoking him, lying about the affair and "rubbing his face in it". The act was highly uncharacteristic for the husband, who also had tried to seek psychological help for approximately 3-4 months beforehand with no sucess. I am the victim and want to help get my husbands sentance reduced. This happend in GA on a military installation. Clemency Board is in the first week of February.


Asked on 12/22/97, 1:07 am

1 Answer from Attorneys
Robert E. Drescher Law Offices of Robert E. Drescher

Aggravated Assault et al....

Your question is interesting... With out further informationabout the case, I find it unusual that the individual wasconvicted of specific intent crimes yet a question of his mental state is there.

Normally, whne a mental state is in question (and can be proven), one should notbe able to convit a defendant for a specific intent crime. Simple assaultshould be the crime. This totally depends on the proof at trial and if a jurywas involved the believability of the evidence.

Further information is needed. also is this based on GA law of CA law???

============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================

Read more
Answered on 12/23/97, 2:51 pm


Related Questions & Answers

More Criminal Law questions and answers in Georgia