Atlanta Battery Defense Lawyer
There are some situations that can involve in minor disagreements which ultimately result in physical fights. Battery charges, and the closely associated charge of assault can arise in a variety of situations including mistaken identity, misunderstanding, or an error in judgment.
For individuals who have been charged with battery, the assistance of skilled legal counsel like the counsel at Yeargan & Kert, LLC can prove essential in making sure that an individual has a strong legal defense. If these charges are improperly handled, individuals must understand that these charges can result in particularly adverse repercussions.
Applicable Law in the State of Georgia
Many individuals are not aware that in the state of Georgia there are several different types of battery with which an individual can be charged with includes the following:
- Simple Battery. A large number of battery cases involve simple battery. Battery is often defined as the unlawful use of force, to the body of another person, which results in either serious physical injury offensive touching of an individual.
- Aggravated Battery. This type of battery has the same elements as does simple battery but also involves either: serious bodily injury to the victim, the use of a deadly weapon, or injury to one of the several particular types of individuals including children, elderly individuals, law enforcement officers, and women.
The Difference between Assault and Battery Charges from Yeargan & Kert, LLC
People are frequently for committing assault when battery charges are made. Battery and assault charges, however, are different and unique charges. The crime of assault includes causing another individual to experience reasonable apprehension of imminent and harmful contact. While assault involves just the threat of physical harm, battery occurs when an offender makes physical contact with another individual.
Law enforcement has been known to create these charges in a variety of situations including whenever any amount of physical force was used against another individual. All that a law enforcement officer needs to do is determine that one individual touched another individual without permission in a manner that is either harmful, inappropriate, invasive or offensive in nature.
Individuals must remember that any of amount of threatened violence or physical force can be used by law enforcement to determine that an assault was committed and subsequently arrest an individual of either assault or battery.
Potential Consequences of a Battery Charge from Yeargan & Kert, LLC
In many cases, being charged with simple battery has the potential to result in criminal charges of either a misdemeanor or felony nature. Misdemeanors usually result in small criminal fees and/or jail sentences of up to one year. Even if an individual is charged with simple battery, a skilled attorney can often assist in expunging this charge from an individual’s criminal record.
Unlike simple battery, individuals who are charged with aggravated battery can expect to be charged with a felony, which can result in more severe consequences including increased fines and a longer amount of time in jail or prison.
Potential Defenses from Yeargan & Kert, LLC
Skilled legal counsel can often prove essential in helping an individual create as strong a defense as possible. Some of the defenses that an attorney can help an individual in response to these charges include:
- Abusive Language. An individual who is charged with simple battery is able to introduce evidence that “opprobrious or abusive language” was used by the individual against whom the force was threatened or used. If the language in question is not something that would incite an ordinary person, evidence of the language used might prove beneficial to an individual.
- Coercion. These types of defenses require proving that an individual was coerced into committing the battery due to the threat of harm from another.
- Habitation. This defense arises when an individual is justified in threatening or using force against another individual and to that extent the individual reasonably believes that the force is necessary to prevent another’s unlawful entry into the home. Reasonableness is an important part of this type of defense.
- Intoxication. In some cases, intoxication can provide a valid defense if an individual can demonstrate that the individual lacked the required intent element in order to satisfy a charge of battery.
- Lack of Evidence. If all of the required elements of a battery cannot be established by opposing legal counsel through either evidence or written testimony, an individual can likely raise a strong defense in response to the battery charge.
- Self Defense. One of the most common types of defenses, individuals must establish that they use only the same amount of force that was used against them. In order to effectively raise this self-defense, individuals must often be able to present evidence that the individual was attacked or reasonably believed that an attack was imminent.
These defenses do not result in individuals automatically winning cases but rather individuals possessing evidence that can be presented in support of the individual’s defense. During a trial, a jury will be requested to take evidence of the defense into consideration. An attorney will also be able to argue how an individual’s case precisely fits the facts presented at the trial.
A skilled attorney will also be able to create a strong argument that an individual’s plea should be acquitted because the individual’s case satisfies one of the available and applicable defenses. Individuals should understand that these charges are taken particularly seriously and that when an individual attacks another, it can be a very distressing experience and an individual can suffer not just physical injury but also anxiety, fear, and stress.
Obtain the Services of Skilled Georgia Criminal Defense Attorneys
In many cases, there is a significant risk that being charged with battery can result in particularly severe penalties. Individuals who desire to make sure that their case results in the best possible manner should not hesitate to retain the legal services of the skilled defense attorneys at Yeargan & Kert, LLC. Our legal counsel has helped many other individuals who have been faced with similar charges make sure that their case resolves in the best possible manner.