College Rivalry should not lead to Simple Battery or Aggravated Assault
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Battery cases can happen to anyone. Many people however don’t consider the implications of the charges until they happen to them.
The crime of Simple Battery can happen to anyone, but certain circumstances are required to make the charges become greater to aggravated battery. For instance, everyone loves a good football game, but letting your emotions get the better of you and getting into a fight over it can lead to consequences no one intends. Don’t let this weekend get the better of you either, a disagreement should not lead to charges of either Simple Battery, Battery or Aggravated Assault. It happens easily, all that is required is a accelerated disagreement and someone decides to call the police. Remember, the police are not coming to break up fights, when the leave someone leaves with them and goes to jail.
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. For example, simply unconsented touching could qualify for the offense.
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.
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. 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.
Lastly Many times intentions don’t mimic actions and in particular this happens with the crime of Aggravated Assault. Aggravated Assault 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 serious charges and may be more applicable than the felony charge of aggravated assault which can carry up to 20 years in prison.
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, Simple Assault, 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.
