Ferguson v. State, 322 Ga. App. 565

Ferguson was convicted of aggravated assault; conviction challenged for sufficiency of evidence and jury-charge errors.
B.G. testified Ferguson repeatedly assaulted her at his fiancée’s residence, causing serious injuries requiring hospital treatment.
Ferguson’s testimony claimed he did not strike her, only assisted after she threatened him with a knife.
OCGA § 16-5-21(a)(2) provides aggravated assault with a weapon or with an object likely to cause serious injury; indictment alleged fists could cause serious injury.
Evidence showed Ferguson beat B.G. with his fists and also caused her head injuries while she attempted to defend herself; police observed Ferguson with injuries but not B.G., who was severely injured.
Trial court did not object to jury charge; appellant challenges jury instructions on justified use of force and burden of proof.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence under 16-5-21(a)(2)	Ferguson: fists not per se deadly weapons	State needed no deadly-weapon proof; fists can suffice	Evidence supports aggravated assault conviction.
Plain-error review of jury charge	No objection; plain error review warranted	Fists not deadly weapon; improper charge	No plain-error reversible error; charges were correct or harmless.
Justified use of force instruction	State failed to include justified-use-of-force nuance	Charge correctly stated defense law	Charge was proper; no plain error.
Burden on State to disprove justification	State must disprove justification beyond reasonable doubt	State properly instructed burden; correct law	Correct burden-shifting instruction.

Anthony v. State, 275 Ga. App. 274 (Ga. App. 2005) (citation context used for standard principles)
Brown v. State, 232 Ga. App. 787 (Ga. App. 1998) (fists/hands not deadly weapons per se)
Cawthon v. State, 289 Ga. 507 (Ga. 2011) (plain-error framework under Kelly)