Contact Us for a Free Consultation 404-445-8494

Aggravated Battery

What is Aggravated Battery? (O.C.G.A. § 16-5-24)

Have you been charged with a Aggravated Battery? Are you aware it is treated as physical crimes or a violent physical crimes?

You need the help of an experienced and trained criminal defense law firm to help you with these charges of Aggravated Battery. 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 an 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 (1) to twenty (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 with Aggravated Battery on 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 with the Aggravated Battery 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 of Aggravated Battery 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 with Aggravated Battery 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 with Aggravated Battery against a correction officer (i.e., Aggravated Battery against a probation officer) increases the minimum amount of mandatory jail time to 5 years;

CAN'T I GIVE A DEFENSE TO THESE CHARGES?

You need the help of an experienced Criminal Defense Attorney to help you with the charges of Aggravated Battery. Many people don't realize that these charges, which are considered a physical crime or violent physical crime, can affect the rest of their life. It would now be a part of your criminal history when you apply to rent a home, get a home loan, and even promotions at your job OR even getting a new job, not to mention applying to colleges. This charge of Aggravated Battery can follow you for the rest of your life and cause issues every time it “pops up.” An experienced criminal defense attorney can help you fight and control how this charge affects you in court and your future. 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 charge of Aggravated Battery.

Being charged with 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.

Call us today for your free consultation at 404-445-8494.

Areas We Serve

Fulton County, Johns Creek Municipal Court, Alpharetta Municipal Court, Roswell Municipal Court, Milton Municipal Court, Gwinnett County, Duluth Municipal Court, Lilburn Municipal Court, Norcross Municipal Court, Lawrenceville Municipal Court, Suwanee Municipal Court, DeKalb County, Decatur Municipal Court, Tucker Municipal Court, Doraville Municipal Court, Sandy Springs Municipal Court, Dunwoody Municipal Court, Walton County, Monroe Municipal Court, Loganville Municipal Court, Social Circle Municipal Court, Walnut Grove Municipal Court, Cobb County, Marietta Municipal Court, Smyrna Municipal Court, Powder Springs Municipal Court, Austell Municipal Court, Clayton County, Jonesboro Municipal Court, Morrow Municipal Court, Newton County, Covington Municipal Court, Rockdale County, Conyers Municipal Court, Barrow County, Braselton Municipal Court, Auburn Municipal Court, Winder Municipal Court, Forsyth County, Cumming Municipal Court, Hall County, Flowery Branch Municipal Court, Gainesville Municipal Court

Menu