Reports out of Atlanta state that a woman has been arrested twice with the past week. Both arrests were in connection to domestic incidents. The woman is facing two different charges of battery family violence.
The first arrest resulted from a domestic dispute call to authorities. This resulted from woman and her ex-boyfriend getting into a brawl. Police were unable to determine who initiated the fight so both were ultimately arrested for battery.
The second arrest occurred yesterday. Authorities were called to the same apartment where the first arrest occurred. The woman's ex-boyfriend called police after the woman allegedly attacked him with a pair of scissors. Fortunately, his injuries were non-life-threatening.
As a Georgia Criminal Defense Lawyer, I will outline the offenses of battery and aggravated battery as the two are often confused by news outlets and media. Read on for the legal elements of both offenses.
Battery and Aggravated Battery in Georgia
Battery in Georgia is defined by Georgia Law in O.C.G.A. §16-5-23 as:
A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
Visible bodily harm means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
Battery is classified as a misdemeanor offense. A battery conviction can result in up to 12 months in jail and $1,000 in fines.
Aggravated battery in Georgia is defined by Georgia Law in O.C.G.A. §16-5-24 as:
A person commits the offense of 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.
Aggravated battery is classified as a felony. An aggravated battery conviction can result in up to 20 years in prison.
Just because a situation has been reported by the news does not mean that a person is guilty of committing a crime. On top of that just because a person has been arrested does not mean that he or she is guilty.
If you have been arrested, call our offices now.