How simple battery or Domestic Violence spiraled out of control and why
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Simple Battery or Domestic Violence cases can happen to anyone, but they tend to get worse if you have a warrant out of another county. Many people, however, don’t consider the implications of the charges until they happen to them. A man who lives in Paulding county and was in Johns Creek (Fulton County) found out what can happen when he recently fled from a domestic dispute in Johns Creek and Paulding County police came knocking on his door (according to 11alive news source). Here there was a domestic violence issue in Johns Creek and police were called to an apartment complex. This dispute involved a man (Javonte Jarrett), a woman and two children. When police arrived on scene Javonte fled into the woods.
This case for Mr. Jarrett ended up with charges involving kidnapping, Aggravated Assault, False Imprisonment and possession of firearm during the commission of a felony and rape.
Aggravated Assault is defined in O.C.G.A. 16-5-21 has two essential elements: (1) that an assault, (see O.C.G.A. § 16-5-20), was committed on the victim; and (2) that it was aggravated by (a) an intention to murder, to rape, or to rob, or (b) use of a deadly weapon. Aggravated Battery, on the other hand (see O.C.G.A. § 16-5-24) 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 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 case simply unconsented touching could qualify for the offense.
Jarrett was also charged under the rape statute as well. Rape is defined under O.C.G.A 16-6-1 and occurs where a person has carnal knowledge of a woman forcibly against her will. The key for his defense will be the forcibly part (and against her will).
Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Simple Battery or Battery, Aggravated Assault, Domestic Violence, Rape, False Imprisonment, or Kidnapping. 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, 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.
References:
Aggravated Assault: https://www.barberlegalcounsel.com/criminal-defense/violent-crime/aggravated-assault/
Aggravated Battery: https://www.barberlegalcounsel.com/criminal-defense/violent-crime/aggravated-battery/
Simple Battery: https://www.barberlegalcounsel.com/criminal-defense/violent-crime/simple-battery/
Rape: https://www.barberlegalcounsel.com/criminal-defense/rape/
Kidnapping: https://www.barberlegalcounsel.com/criminal-defense/kidnapping/
