Battery cases can happen to anyone. With everything that is going on with the Pandemic and how it affects our Psyche from being “cooped up” it doesn't take a lot for people to become frustrated. Many people however don't consider the implications of the charges until they happen to them. A teenager in Monroe county (who is 14 years old) found this out over the weekend according to MSN News and local stations WXGA and WMAZ.
The teen got into an altercation with his teacher at school and punched his teacher in the chest. When deputies arrived on scene to take him into custody and deliver to the Department of Juvenile Justice (DJJ) the DJJ would not take him because of their point system.
Normally if you are under a certain age instead of being sent into the main criminal system you are taken, essentially, to juvenile court. Juvenile court works a little differently than the regular system and provides accused an opportunity most criminals are not given as to sentencing guidelines.
However, in this case the teen will face actual battery charges. 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.
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? Are you facing a charge with the juvenile justice system?
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.