Assault is an attempted battery or placing an individual in fear of a violent injury. A person does not have to physically harm an individual to be charged with assault in Georgia. Aggravated assault in the state is defined by using a deadly weapon to place an individual in fear of a violent injury while trying murder, rob, or rape them.

What Is Assault by an HIV- or Hepatitis-Infected Person?

An assault by an HIV- or hepatitis-infected person is a crime that can only be committed by someone who knows that they are infected with HIV and/or hepatitis. A person commits this crime when they commit assault by using their:

  • Bodily fluid, such as semen, blood, or vaginal secretions
  • Urine
  • Saliva
  • Feces

Can I Be Arrested for Assaulting Anyone?

No. A person can only be arrested for this kind of assault if they assault a police officer or correctional officer. Furthermore, the officer must be performing their official duties when they are attacked for the assault to be this specific crime.

Is Trying to Assault an Officer Using My HIV or Hepatitis Status Considered Reckless Conduct?

No, it is considered an intentional crime. To be reckless shows a total disregard for human life. Generally, recklessness is a form of negligence and is not a part of an intentional action.

What Is the Penalty for HIV or Hepatitis Assault of an Officer in Georgia?

This crime is a felony under Georgia law. A person convicted of using bodily fluids to assault an officer in Georgia will be sentenced to five to 20 years in prison.

Do I Need an Attorney?

Legal representation is generally necessary when one is facing a felony criminal charge. It is vital to work with a Georgia attorney to build the best defense necessary to win your criminal assault case.