A Step too far: How a domestic dispute ends with Kidnapping, aggravated assault and battery
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
According to the AJC, Reginald Robertson has been charged with a domestic dispute between him and his fiancé. However, after she had gone missing, and has been missing for 8 weeks, those charges have now become Kidnapping and Aggravated Assault.
Originally from this incident which started the investigation, authorities charged Reginald Robertson with Theft by Taking as he moved Ms. Fosters car from the crime scene back to the house. So in addition to the Domestic charges and Simple Battery charges he previously faced now he faces an onslaught of more serious charges.
Many times intentions don’t mimic actions and in particular this happens with the crime of Aggravated Assault and Aggravated Battery.
Aggravated battery is defined in O.C.G.A. 16-5-21 and involves, in this case, assaulting another with a weapon which would likely or could cause bodily harm. In this case, aggravated assault would be threatening the use of the weapon, which is what the state will have to prove. Assault and battery alone are serous charges and may be more applicable than the felony charge of aggravated assault which can carry up to 20 years in prison.
The offense of Simple Assault is defined by the statute from O.C.G.A. 16-5-20 In part, this statute states that a person commits the offense of simple assault when they intentionally places a person in a position where they are placed in fear of immediate injury by their action.
What about the driver of the vehicle or the girl who walked past the couple? Why are they being charged as well?
Those individuals can be charged under Parties to a crime and as a result can also be charged with the crime of aggravated assault. Parties to a crime is used by the state to charge other members who didn’t actually participate in the brandishing of the weapon but could be charged as participating in some form. It is defined under OCGA 16-2-20, 16-2-21.
Certain circumstances are required to make the charges become greater to aggravated battery. Aggravated battery is defined in O.C.G.A. 16-5-24 and involves maliciously causing bodily harm to another by depriving them of a member of their body (like an arm, finger etc), rendering that member useless or seriously disfiguring their body or a member of their body. In this case, aggravated battery may be questionable unless some action disfigured the victim or caused some portion of her body inoperable. Assault and battery alone are serous charges and may be more applicable than the felony charge of aggravated battery which can carry up to 20 years in prison.
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. In part, these statute states that a person commits the offense of simple battery when they intentionally make physical contact of insulting or provoking nature or causes harm to another. In this case simply unconsented touching could qualify for the offense.
Paul was also charged under the rape statute as well. Rape is defined under O.C.G.A 16-6-1 and occurs where a person has carnal knowledge of a woman forcibly against her will. The key for his defense will be the forcibly part (and against her will).
Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Simple Battery or Battery. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutors office.
Have you been arrested for Battery, Simple Battery, Aggravated Battery, Aggravated Assault or rape?
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 take examination of 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.
