Charges of Aggravated Assault and Battery from just asking officers to stop an argument!
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Sometimes all we are asking is for someone to step in and stop an argument or fight at our house. The issue starts as a calm argument then someone steps out of line and the police arrive on scene. Sometimes you call them and other times a neighbor may call and suddenly someone is going to jail. Typically, and unfortunately, officers will not show up to break up a fight. Their view of breaking up a fight is someone leaves in the back of a patrol car.
Many people however don’t consider the implications of the charges until they happen to them.
Many people don’t realize that the crime of Simple Battery can happen to anyone, but 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 statutes state 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.
Many people don’t realize that the crime of Aggravated Assault can happen to anyone, and can even including officers and Sheriffs Deputies.
The offense of Aggravated Assault is defined by the statute from OCGA 16-4-21 and the same code section under subpart (k) defines aggravated Assault upon an officer. This means that if the officer didn’t like the way you pulled away from the officer or if you accidently brushed him wrong you can get charged with assault on an officer OR with obstruction. In part, these statute states that a person commits the offense of Aggravated Assault when they use an object device or instrument offensively against another.
If officers think that any of the above charges would fit into your arrest, you can quickly find yourself facing very serious charges and even felonies if it gets out of hand to fast.
Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Aggravated Assault, Aggravated Battery, Simple Battery, or Domestic Violence. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and an effective negotiation with the prosecutors office.
Have you been arrested for Battery, Simple Battery, Aggravated Assault, Aggravated Battery, Domestic Violence, Assaulting an officer, 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 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.
