Michael Weaver was charged with 'Aggravated Assault' and banished from the Chattahoochee Judical Circuit for defending himself with non-lethal pepper spray against two men who were trying to get into Mr.Weaver's car.Below are a few links in regards to Mr.Weaver's ordeal.
It is clear that if Michael had had a proper defense team, there is simply no way in hell he could have been railroaded like this. To put things in perspective, a black woman, Abril Wheeler, maced five people, including a 5-month-old baby, in Columbus, Georgia, and was only charged with misdemeanor reckless conduct and disorderly conduct. This is because no one is ever charged with felony aggravated assault for the use of pepper spray, as it is not a lethal weapon. Michael, however, was charged with felony aggravated assault for the use of pepper spray, under Georgia State Criminal Code Title 16, Section 16-5-21, which reads, in part (emphasis mine): (a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or (3) A person or persons without legal justification by discharging afirearm from within a motor vehicle toward a person or persons.
Georgia Code - 16-5-23http://law.justia.com/codes/georgia/2006/16/16-5-23.html 16-5-23. (a) A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another. (b) Except as otherwise provided in subsections (c) through (i) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.