Simple Battery and the police
By David McKenzie, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Sometimes, it’s difficult to understand why the police end up arresting someone when all you wanted was for them to break up a fight. Something like this, where you have called the police to break up a fight or to get your significant other to stop being abusive, can happen after visiting a game day party, visiting a bar, leaving a friend’s house, or just being at home. One thing that is confusing is why calling the officers to break up a fight results in an arrest. Officers will arrive at a location if they are called to stop a fight, but their training and required protocol usually result in someone getting arrested, regardless of the facts of the case. The officers will err on the side of caution rather than risk someone getting assaulted or, even worse, severely injured if they do nothing. It is also important to review what the officers will qualify as Simple Battery, Domestic Violence, and aggravated assault, and we should also look at cruelty to children as that pops up frequently as well.
Most people are familiar with what a Simple Battery is but can get confused when the police or the prosecutor throws in a Domestic Violence charge. At least on the surface, most people believe that they know what actions will support a simple battery. What about aggravated assault? How can an aggravated assault turn into other charges?
Let’s start with the basics and work our way up. The crime of Simple Battery can happen to anyone. The offense of Simple Battery is defined by the statute from O.C.G.A. 16-5-23, and Battery is defined in O.C.G.A. 16-5-23.1. These statutes detail the requirements for committing the offense of simple battery as intentionally making physical contact of insulting or provoking nature or causing harm to another. All that is required to receive the additional charge for Domestic Violence is that you live with the person with whom you are fighting. Generally, if the officers see that fact, you can also get a domestic violence charge.
During these events, however, if the child views or is in the same room as what happens, you can also be charged with cruelty to children in the third degree. O.C.G.A. 16-5-70 contains information explaining how someone can be charged for Cruelty to children. One of the subsections of that statute states that if a child witnesses a battery or family violence battery, then the person who is causing the battery to occur can be charged with cruelty to children in the third degree. If the danger and situation that the child was placed into by these events is dangerous enough, as determined by investigators, then the Department of Family and Children Services (DFCS) may become involved and he may also be additionally charged under the child abuse statutes O.C.G.A. Title 19 chapter 15. This type of investigation would be mandated by the Georgia Office of the Child Advocate (who would report to DFCS). Of course, there are facts to every case where defenses can be raised against anyone charged with the crimes of Simple Battery or Battery. O.C.G.A. 16-5-23 subsection (f), we would see the following: If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery. This is a liberal construction and shows that all that is required, at a minimum, is that you get into a physical altercation with someone with whom you are living. Each situation is different from the other and requires an evaluation of all the information in order to properly mount a defense and an effective negotiation with the prosecutor’s office.
Moving forward, now let’s look at how simple battery charges can turn into Aggravated Assault. Aggravated Assault is defined under O.C.G.A. 16-5-21, which states that a person commits the offense when he or she assaults with the intent to murder, rape, or rob with a deadly object that is likely to do serious bodily injury. This charge alone can carry from 1-20 years in prison and is mostly charged as a felony. This type of crime is what we refer to as an intent crime. This means that apart from Battery, if contact is made and intent is involved, the battery can turn into aggravated assault quickly.
Have you been arrested for Aggravated Assault, Simple Assault, Battery, Simple Battery, Child Cruelty, or Child Abuse?
Every case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would require examining the facts surrounding your case and creating a properly mounted defense for your arrest.
Our office has 24-hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
