Battery Charge: How a dispute and “making a point” can turn ugly
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Grounds for a Battery Charge? Many people think that if someone doesn’t treat them correctly and is picking on them then a little push back should be acceptable.
Just to make a point that, “I won’t be treated like this.” At least that is most likely what Abbey Winters, the wife of a commissioner in Chattanooga County, who dumped soda on a reporters head at a budget meeting. After dumping the soda Winters said to the reporter “you deserve that” (according to Washington Post, NBC, Fox and New York Times).
A Battery Charge can happen to anyone
Many people don’t realize that the crime of Simple Battery can happen to anyone, and in this example, including the spouse of elected officials. 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 example when Ms. Winters dumped the soda on the reporter to make a point that the reporters behavior was uncalled for she committed a battery.
You do not have to actually touch the person in order to commit a battery. Any substance that is thrown at another person, if it makes contact becomes a battery because it is an unconsented to touching of that person.
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 battery charge situation is different from the other and requires an 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, 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 criminal defense lawyers in Atlanta a call at 404-445-8494. We can help you mount a proper defense for your situation.
