Aggravated Battery O.C.G.A. 16-5-24
It is Time to Fight Your Aggravated Battery Charge with the Help of the Tough Defense Team at Yeargan & Kert, LLC
It can happen when you least expect it. You are having fun with your friends and one person does not think it is funny. The next thing you know, you are fighting and later charged with aggravated battery. It can also happen when you are defending yourself and the true assailant goes to the police first and makes false allegations.
The state of Georgia defines battery as intentionally causing visible bodily injury or other types of harm. The harm must be physical and substantial. Visible injuries include things like swollen lips, cuts, black eyes and bruises. Internal injuries like internal bleeding is a ground for a battery charge.
Georgia does not typically include emotional or mental abuse a ground for a simple battery charge. The punishment for a simple battery is jail time ranging from 10 days to 12 months and a fine of $1,000.
Aggravated battery, which you or a loved one, is accused of committing is a more serious criminal charge.
Aggravated Assault is not the same Crime in an Atlanta Georgia as Aggravated Battery
The term aggravated means that you went beyond the elements in the simple charge. For instance, aggravated assault is another type of crime. It is not the same or similar to an aggravated battery.
You may be charged with aggravated assault in Atlanta Georgia rather than assault for one of three circumstances. The first circumstance is that you allegedly intended to commit a crime like rape. This means you either threaten or placed the alleged victim in fear that they were going to sustain some type of injury because of a crime.
Another reason for an aggravated assault charge is the use of a deadly weapon during an assault. The weapon can be a traditional weapon like a knife. It can also be a weapon you may not normally think of as a weapon.
For example, everyday items like a table, bat or a beer bottle can be used as a deadly weapon according to the state statute. So if you approached an alleged victim with any type of weapon, you could be charged with assault of an aggravated nature.
The third circumstance involves discharging a firearm from inside a motor vehicle. If you have no reason for firing the gun at a group of people you can be charged with aggravated assault.
This crime is different than aggravated battery. Aggravated battery is also defined in a separate criminal statute.
An Atlanta Georgia Aggravated Battery is Defined under the Criminal Statute of 16-5-24
According to Georgia statute 16-5-24, is defined partly the same way as a simple battery. It is the result of causing physical harm to an individual. However, the charge goes one step further. The injury is considered a malicious injury.
A malicious injury is:
- Depriving the victim of a part of their body part
- Causing part of their body to become useless
- Causing serious disfiguration
You can be Charged with Aggravated Battery in Atlanta Georgia if You Don’t Cause Harm to the Alleged Victim Based On Their Classification
You can be charged with aggravated battery in Atlanta Georgia if you do not cause physical injury to the victim. The only exception to this statute involves particular individuals. If you are accused of battery regarding the following victims, the charge can be increased to aggravated battery:
- Police officer
- Correctional officer
- Person on public transit
- Person 65 years or older
- Student or teacher within the school safety zone
- Victim of domestic violence
Possible Defenses for an Atlanta Georgia Aggravated Battery Charge
The penalty for aggravated battery depends on the victim and physical harm. In general, you can be sentenced to one to 20 years in prison. If the victim is:
- A correctional officer or police officer in the line of duty. The sentence is punishable by 10 to 20 years in prison
- Older 65 years or older, teacher or student within a school safety zone or on public transit. The penalty is five to 20 years in prison
- Domestic violence victim. The sentence is three to 20 years in prison
The seriousness of the crime makes picking a powerful defense so important. Possible defenses to an aggravated assault charge are:
- No malicious injury to the alleged victim
- Defense of others
Yeargan & Kert, LLC is Your Atlanta Georgia Aggravated Battery Advocates
Georgia considers an aggravated battery conviction very serious and will impose serious punishment. You have the legal right to defend yourself and avoid those serious consequences. Contact us at Yeargan & Kert, LLC and we will explain the criminal charge and how we can build a defense to prove your innocence.
The attorneys at Yeargan & Kert, LLC will also discuss your case with prosecutors. The goal is to convince the prosecutor they are wasting their time prosecuting you. You are innocent and we have the evidence to prove it. We will work to get the charge dismissed or reduced to simple battery.
Contact us about your aggravated battery charge. The lawyers at Yeargan & Kert, LLC will help you.