Celebrating the 4th? Don’t let it end with a Aggravated Assault or Simple Battery
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Yay, it is time to celebrate and your friends are throwing that famous party with Brisket, Pulled Pork and that endless tub of magic beverages. Long lost friends appear that we have not spoken with for some time. What does not happen frequently, however, is that our friendships end up leading to charges of Aggravated Assault or Simple Battery. Many people don’t consider the implications of the charges until they happen to them.
Sometimes people disagree about things arguments get over heated and you have a perfect scenario for people losing tempers or letting them flare and then someone calls the police. Many people don’t realize that actions have consequences and here in particular the crime of Aggravated Assault, Simple Battery or Aggravated Battery come to light when you are charged. 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. 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 Battery 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.
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, 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 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.
