Legal Question in Criminal Law in Georgia

Police performed PIT manuever then charged driver with agg. assault

My fiance stupidly tried to outrun police who were pulling him over for speeding. They performed a PIT manuever, flipped my vehicle, and now they're charging him with agg. assault! What is the legal precedence in such a case?/ Is it considered assault when they struck him??


Asked on 9/29/08, 3:01 pm

1 Answer from Attorneys

Daniel Duello Garrett, Gilliard & Saul

Re: Police performed PIT manuever then charged driver with agg. assault

If the only thing that happened was the police officer hitting him, then there would be no basis for an aggravated assault charge.

If I had to guess, more than likely the police and the DA are going to allege that when your fiance tried to run from the police, he either sped by a police officer or side-swiped him, or something. If your finace, at any time during the chase, had his car aimed a police car and was speeding toward it, then there probably is justification to charge him with aggravated assault.

That being said, it's still a long way from saying that your fiance will be convicted of those charges. Hopefully not!

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Answered on 9/29/08, 3:57 pm


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