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How a DUI ends up more severe with possible felonies

by | Feb 7, 2020 | Firm News |

One man found himself in a situation that he didn’t care for after it was all over. After drinking at a bar, not paying his tab and then being pulled over by officers, Branden Ferguson then found himself being stopped and charged with a DUI. His eventful nights, however, didn’t end with just a DUI. After the stop by officers, Ferguson then picked a fight with the officers . . . and lost the fight. This resulted in charges of simple battery against an officer as well as obstruction and a count of criminal theft.

The officers found Ferguson using the description of his vehicle and located him at a restaurant, where he refused to pay for his meal.This simple search lead officers to his location. After finding him, he then picked a fight with the officers. Mr Ferguson clearly thought that if someone doesn’t treat him correctly, and is picking on them, then a little “push back” should be acceptable to “correct the unwanted behaviour.” Just to make a point that “I won’t be treated like this.”

This type of behavioral correction may be acceptable for family matters, but not for the general public and definatiley not against an officer. Many people don’t realize that the crime of Simple Battery can happen to anyone, and in this example, including the spouse of elected officials. 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 example when Ferguson picked the fight with the officers he committed a battery on that officer, which can be charged as a felony along with the obstruction charge. When he was charged with obstruction of an officer, that charge can be given as a felony as well..

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

Have you been arrested for DUI, Battery, Simple Battery, Assault or Aggravated Assault?