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How a dispute and “making a point” can turn into a battery charge.

Posted by Michael D. Barber | Dec 16, 2019 | 0 Comments

Many people think that if someone doesn't treat them correctly, and is picking on them, then a little "push back" should be acceptable to "correct the unwanted behaviorr." Just to make a point that “I won't be treated like this.” At least that is most likely what Abbey Winters, the wife of a commissioner in Chattooga County, who dumped soda on a reporters head at a budget meeting.  After dumping the soda Winters said to the reporter “you deserve that” (according to Washington Post, NBC, Fox News, and New York Times).

This type of behavioral correction may be acceptable for family matters, but not for the general public. 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 Ms. Winters dumped the soda on the reporter to make a point that the reporters behavior was uncalled for she committed a battery.

You do not have to actually touch the person in order to commit a battery. Any substance that is thrown at another person, if it makes contact becomes a battery because it is an unconsented to touching of that person.

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, Assault or Aggravated Assault?

              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.

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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