Sparta, GA asked in Criminal Law for Georgia

Q: If two people are fighting and a third person is injured (cut) unintentionally breaking up the fight. What law applies

The person breaking up the fight was injured unintentionally by a knife. Is that aggravated assault.

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Glenn T. Stern
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Answered

A: It certainly could be. Under the doctrine of "transferred intent," if the person with the knife unlawfully intended to injure someone, but inadvertently hurt another victim-that intent to gets transferred to the victim he actually hurt. The actor doesn't get a pass because the victim was not the one he intended.

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