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Aggravated Battery

What is aggravated battery? (O.C.G.A. § 16-5-24)

Are you aware it is treated as a physical crime or a violent physical crime?

You need the help of an experienced and trained criminal defense law firm to help you with these charges. Many people don’t realize that these charges, which are considered can affect the rest of their life. A conviction with these charges will now be a part of your criminal history and will be seen when you try to rent a house, apply for a loan of any type, get a promotion at work, or try to obtain new employment. An experienced criminal defense attorney can help you control how this charge is treated both in court and how it will affect your future. The state of Georgia (by legislature or court) refers to these crimes as crimes against the person or crimes against people. Many claims of aggravated battery are serious and no one should deminimize anyone’s experience. However, occasions arise where someone, in an argument, will call the police to solve a problem between the two of them, which almost always results in an arrest (even though it was just a misunderstanding between the parties). The difference between a battery, simple battery and aggravated battery will depend on the facts of the case. In all charges, any type of aggravated battery charge will involve striking someone, in any manner, and making contact (no matter how small, even a slap can be treated as a battery).

The Georgia legislature defines and evaluates a aggravated battery (O.C.G.A. § 16-5-24) as follows:

Aggravated battery occurs when a someone maliciously strikes another person and causes the loss of a body part or seriously disfiguring the person that was struck (malicious means that the person hit the other person on purpose and without provocation (or being provoked)). Under this code section aggravated battery is a felony. The general punishment for this charge involves one to 20 years in jail. The additional overall toll, or effect, that it carries involves more than just misdemeanor consequences however. There are additional situations which can cause this type of charge to be elevated in nature which would make the minimum amount of jail time change or increase other serious aspects of the charge: Those particular situations involve:

  1. You are charged involving someone who is 65 or older or against a pregnant female increases the minimum amount of mandatory jail time to 5 years;
  2. You are charged in a public transit vehicle (such as MARTA (Metro Atlanta Rapid Transit Authority), Gwinnett Transit Authority (GTA) or Cobb Transit Authority, (CTA)). These vehicles, or transit vehicles, include buses, vans, rail cars or any other form of transportation that receives a subsidy from tax revenues or operated under contracts with the counties or municipalities of the state, increases the minimum amount of mandatory jail time to 5 years;
  3. You are charged with the offense AND you are either a past or present spouse (husband and/or wife), are a parent of the same child, children, step parent or step child, foster parent or foster children;
  4. You are charged against a public safety officer increases the minimum amount of mandatory jail time to 10 years, there is an exception if the individual is under 17 years of age the minimum jail time shall be 3 years;
  5. You are charged against a correction officer (i.e., aggravated battery against a probation officer) increases the minimum amount of mandatory jail time to 5 years;

Can I Give A Defense To These Charges? You need the help of an experienced criminal defense attorney to help you with these charges. As former prosecutors, our criminal defense lawyers know and understand that the prosecution, or in almost every case – team of prosecutors, are highly skilled and trained to obtain and try to get a conviction on your case. That means it’s time to hire an experienced criminal defense attorney that knows how to evaluate both sides of the case. Our team of criminal defense lawyers are former prosecutors and know how to mount a proper defense for your charges.

Being charged with aggravated battery or any criminal offense does not mean that you have to accept guilt, it means that you need help from a experienced attorney to mount a proper defense. Our offices have a 24 hour response line 404-334-2818 and someone is available to answer your call and help. Call us now for a free case evaluation.