Have you been charged with a physical crime or a violent physical crime?
The state (legislature or court) refers to these crimes as Crimes Against the Person or crimes against people.
Many Claims of Assault or Battery are serious and no one should DE minimize anyone's experience with either charge. 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 and especially when it was just a misunderstanding between the parties).
There are multiple ways that the government can charge someone with either Assault or Battery. A review of the Georgia Statutes show that you can be charged under Simple Battery, Aggravated Battery, Battery, Simple Assault or Aggravated Assault.
The difference between an assault and a battery will depend on the facts of the case. For instance an Assault will involve attempting to strike someone, in any manner, and missing (or not making contact) Many attorneys refer to Assault as a intentional act or threat of action that places a person in fear of being hit. On the other side, Battery is actual physical contact with the other person a punch, strike or contact with another person. See below for links and detailed information as to each charge.
Simple Assault occurs when an attempt is made to commit a violent injury to the person of another OR commit an act which places another in reasonable apprehension of immediate receipt of a violent injury
Aggravated assault is a felony in Georgia and involves a little more than a regular assault. A Person commits Aggravated Assault while assaulting another with:
- Intent to murder, to rape or to rob;
- With a deadly weapon or any object, device or with a deadly weapon or any object that can be or is used in a manner that results in serious bodily injury or strangulation, or instrument which, when used offensively is likely or does result in serious bodily injury
- With any object, device or instrument which when used offensively is likely or does result in strangulation; or
- A person without legal justification by discharging a firearm from within a motor vehicle toward person or persons.
Simple Battery occurs when a person intentionally makes physical contact of an insulting or provoking nature with another or causes physical harm to another. Basically, this can be as simple as a slap to the face, or any other part of the body, and it would qualify for a battery under the statute.
Aggravated battery, a felony in Georgia, occurs when the person maliciously causes bodily harm to another by depriving him or her of a member of their body by rendering that member of the body useless or seriously disfiguring his or her body or a member thereof.
Simply put, if someone loses a limb, that's aggravated battery under the statute. If someone end up with a disfiguring scar, or a burn, that can be aggravated battery under the statute. Anything that alters the physical appearance of the person as a result of the battery would qualify as Aggravated Battery.
Simple Battery Domestic Violence (O.C.G.A. § 16-5-23.1)
Simple Battery can also be charged as Domestic Violence, Family violence or Family Battery.
The code section for simple battery states that if the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and step children, foster parents and foster children OR other persons living or formerly living in the same household such offense shall constitute family violence.
Generally a charge of this nature is brought between people who the court considers to be part of the same family. For instance, if you have a child with someone and get into a fight and the police are called, you can be charged with Simple Battery Domestic Violence. There isn't even a requirement that the two individuals currently live together, just some degree of family relationship (or that they live in the same household).
Cruelty to Children (O.C.G.A. § 16-5-70)
There are several “degrees” or levels for being charged in this statute. All involve, to some degree, the health and welfare of the child in relationship to the action of the people involved.
Under this statute someone can be charged with cruelty to children without even touching the child. The court does this in a manner whereby the child either can witness an argument between two people and/or it can involve the nourishment of the child.
Being charged with any criminal offense does not mean that you have to accept guilt, it means that you need help from a trained attorney to mount a proper defense.
Call us today for your free consultation at 404-445-8494.