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A Step to far: How a theft ends with Kidnapping and aggravated assault charges.

Posted by Michael D. Barber | Apr 23, 2021 | 0 Comments

According to the AJC, Reginald Robertson has been charged with a theft case and now faces potential domestic issues from ongoing issues between he and his fiancé. After his fiance had gone missing, and has been missing for 8 weeks, those charges of theft have now become Kidnapping and Aggravated Assault. Originally from this incident which started the investigation, authorities charged Reginald Robertson with Theft by Taking as he moved Ms. Fosters car from the crime scene back to the house. Shortly after that the authorities added more charges with her disappearance. So in addition to the Theft charges Mr. Robertson now faces potential Domestic Violence charges stemming from the Aggravated Assault charges.

Certain circumstances are required to make the charges become greater to aggravated battery. Many times intentions don't mimic actions and in particular this happens with the crime of Aggravated Assault and Aggravated Battery. Aggravated battery is defined in O.C.G.A. 16-5-21 and involves, in this case, assaulting another with a weapon which would likely or could cause bodily harm. In this case, aggravated assault would be threatening the use of the weapon, which is what the state will have to prove. Assault and battery alone are serous charges and may be more applicable than the felony charge of aggravated assault which can carry up to 20 years in prison. Aggravated battery is defined in O.C.G.A. 16-5-24 and 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 Assault is defined by the statute from O.C.G.A. 16-5-20 In part, this statute states that a person commits the offense of simple assault when they intentionally places a person in a position where they are placed in fear of immediate injury by their action.

 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.

Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Simple Battery, Simple Assault, Domestic Violence or Battery. 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.

About the Author

Michael D. Barber

Michael's training as both a prosecutor and defense attorney gives him the ability to interpret what the other side is considering and thinking in regards to a clients case. Working for his family law firm in Dunwoody, Georgia familiarized Michael with Debt Collection, Contracts and Agreements, ...

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