An argument ends with Assault and Battery charges
By Attorney Michael Barber
Malls used to be a location where people flocked. We called them Mallrats, or maybe that was just the name of a movie. Either way, three young men got together at the perimeter mall to enjoy time together. Unfortunately, according to AJC, Fox 5, Dunwoody Police, and the DeKalb County District Attorney’s office, shortly after their arrival, the three men got into an argument, which escalated into gunfire. Of course, this interaction does not happen frequently, but it leads to charges of Aggravated Assault, Simple Battery, and possession of a handgun during the commission of a crime. Many people don’t consider the implications of the charges until they happen to them.
Even good friends can sometimes disagree about things. Arguments get overheated, resulting in a perfect scenario for losing tempers. In this situation, tempers really got overwhelmed, and the argument led to individuals shooting at each other at Perimeter Mall. Here, the crime of Aggravated Assault, Simple Battery, or Aggravated Battery comes to light when you fire weapons at each other, especially in a public area. Aggravated battery is defined in O.C.G.A. 16-5-24 and involves, in this case, assaulting another with a weapon that would likely or could cause bodily harm. Aggravated Assault is the use of a weapon, which is what the state will have to prove, and a permanent disfigurement of the victim. Assault and battery alone are serious charges and may be more applicable than the felony charge of Aggravated Battery, which can carry up to 20 years in prison.
Simple Assault is defined by O.C.G.A. 16-5-20. In part, this statute states that a person commits the offense of simple assault when they intentionally place a person in a position where they are placed in fear of immediate injury by their action. When gunfire erupted, either party was probably in fear, but other patrons at the mall would have been in fear.
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 statutes state that a person commits the offense of simple battery when they intentionally make physical contact that insults or provokes nature or causes harm to another. In this case, each person was shot, so that would qualify for the offense.
Lastly, Aggravated Assault. This is defined under O.C.G.A. 16-5-21 and involves intent to murder, rape, or rob with a deadly weapon, used offensively, resulting in strangulation or without legal justification by discharging a firearm. This means that the state has to prove intent, but the remainder would qualify under this code section.
Have you been arrested for Battery, Simple Battery, Aggravated Battery, Simple Assault or Aggravated Assault or even parties to a crime?
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 an examination of the facts surrounding your case and create 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.
Fox 5- https://www.fox5atlanta.com/news/man-found-guilty-shooting-perimeter-mall-food-court
Dunwoody Police News – https://www.dunwoodyga.gov/Home/Components/News/News/381/319?npage=2
Dunwoody District Attorney’s office https://www.dekalbda.org/news_detail_T6_R258.php
