A restaurant manager was allegedly stabbed by Kesely Ingram in Gwinnett last week. According to reports, Ingram was fired by the manager and then stabbed him in the neck with a sharp object. Ingram has been arrested for aggravated battery, and as of now, the manager is expected to survive his injuries.
In order to best explain Ingram's charge for aggravated battery in Georgia, we must first look to what constitutes simple battery and battery in Georgia.
Simple Battery in Georgia
According to the Georgia Code, simple battery in Georgia is defined by O.C.G.A. §16-5-23 as:
A person commits simple battery when he or she either (1) intentionally makes physical contact of an insulting or provoking nature with the person of another, or (2) intentionally causes physical harm to another.
If convicted of simple battery, a person is guilty of a misdemeanor, and the punishment may include jail time of up to one year and a fine up to $1000.
Battery in Georgia
According to the Georgia Code, battery in Georgia is defined by O.C.G.A. §16-5-23.1 as:
A person commits battery in Georgia when he or she intentionally causes substantial harm or visible bodily harm to another.
The difference between simple battery and battery is the substantial harm or visible bodily harm. This means that the harm must be obvious such as: substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
If convicted of battery, a person is guilty of a misdemeanor in Georgia, and the punishment may include jail time of up to one year and a fine up to $1,000.
Aggravated Battery in Georgia
According to the Georgia Code, aggravated battery in Georgia is defined by O.C.G.A. §16-5-24 as:
A person commits aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
The difference between battery and aggravated battery is the serious disfigurement. Georgia courts do not require that the a victim's disfigurement be permanent, but the injury must be more severe than a superficial wound.
If convicted of aggravated battery, a person is guilty of a felony, and the punishment may include a sentence of one to twenty years of imprisonment. The judge will look at the evidence about the circumstances, the extent of the injuries received by the victim, the relationship between the victim and the suspect, and more to decide the amount of prison time.
Aggravated battery is considered one of the most serious crimes in Georgia. In the event of a conviction for aggravated battery, prison time is a certainty.
If you or a loved one has been accused of a crime in Georgia, contact a Georgia Criminal Defense Lawyer today. Regardless of the degree of the crime, our attorneys will analyze your case and the possible Georgia Criminal Defenses that may apply.