New Years celebration turns into Simple Battery or Aggravated Assault
By David McKenzie, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
How can calling the police to stop a fight result in an arrest? Why is it that when the police show up, they are always arresting someone when all you wanted was for them to break up a fight? It is surprising how frequently the police will make an arrest when showing up after a game day party like UGA v. Notre Dame or Texas v Arizona, visiting a New Year celebration, leaving a friend’s house, or just being at home. One thing that we hear many times is why the officers who are called to break up a fight always make an arrest. Officers arrive at a location if they are called to stop a fight, but their training and required protocol result in someone getting arrested, regardless of the facts of the case. The officers almost always err on the side of caution rather than risking someone getting assaulted or severely injured if they do nothing. It is also essential to review what the officers will qualify as Simple Battery, Domestic Violence, and aggravated assault, and we should also look at cruelty to children as that pops up frequently as well.
Most people are familiar with what a Simple Battery can be like when the police or the prosecutor throws in a Domestic Violence charge. At least on the surface, most people believe they know what actions will support a simple battery. What about aggravated assault? How can an aggravated assault turn into other charges?
Let’s start with the basics and work our way up. The crime of Simple Battery can happen to anyone. 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. These statutes detail the requirements for committing the offense of simple battery as intentionally making physical contact of insulting or provoking nature or causing harm to another. All that is required to receive the additional charge for Domestic Violence is that you live with the person with whom you are fighting. Generally, if the officers see that fact, you can also get a domestic violence charge.
Of course, there are facts in every case where defenses can be raised for anyone charged with Simple Battery or Battery crimes. O.C.G.A. 16-5-23 subsection (f), we would see the following: If the offense of battery is committed between past or present spouses, people who are parents of the same child, parents and children, parents and stepchildren, foster parents and foster children, or other people living or formerly living in the same household, then such offense shall constitute the battery offense of family violence. This is a liberal construction and shows that all that is required, at a minimum, is that you get into a physical altercation with someone with whom you are living. Each situation differs from the other and requires evaluating all the information to properly mount a defense and effectively negotiate with the prosecutor’s office.
Now, let’s look at how simple battery charges can turn into Aggravated Assault. Aggravated Assault is defined under O.C.G.A. 16-5-21, which states that a person commits the offense when he or she assaults with the intent to murder, rape, or rob with a deadly object that is likely to do serious bodily injury. This charge alone can carry from 1-20 years in prison and is mostly charged as a felony. This type of crime is what we refer to as an intent crime. This means that apart from Battery, if contact is made and intent is involved, the battery can turn into aggravated assault quickly.
Have you been arrested for Aggravated Assault, Simple Assault, 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 an examination of the facts surrounding your case and create an adequately mounted defense for YOUR arrest. Our office has 24-hour response lines and can answer and help your questions. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.
