How a theft charge can turn into a Assault, Battery and a Felony
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Battery cases can happen to anyone. Many people however don’t consider the implications of the charges until they happen to them. The Atlanta Police Department recently charged Federal Bureau of Investigation officer Christopher Paul with Rape and Aggravated Sexual Battery (according to the Atlanta Journal and Constitution and the Fulton County Clerks office). Paul was arrested On February 28, 2019 after his friend claimed that she blacked out and woke up to Paul touching her. The claims that were made by Paul’s friend came 6 days after the incident occurred.
Many people don’t realize that the crime of Simple Battery can happen to anyone, but certain circumstances are required to make the charges become greater to aggravated battery. Aggravated battery is defined in O.C.G.A. 16-5-24 and involves malicioucly 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 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.
Paul was also charged under the rape statute as well. Rape is defined under O.C.G.A 16-6-1 and occurs where a person has carnal knowledge of a woman forcibly against her will. The key for his defense will be the forcibly part (and against her will).
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 Battery, Simple Battery, Aggravated Battery, Aggravated Assault or rape?
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 examination of the facts surrounding your case and creating a properly mounted defense for YOUR arrest.
Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.