According to reports out of Atlanta, a mother has been charged with battery and terroristic threats in Georgia.
These charges came out of a situation where the mother allegedly started an altercation with high school students at a bus stop. There are cellphone videos showing the woman looking on and encouraging her son as he fights with another teenager. Then she walked up behind another student and yanked another kid by his hair. There was also mention that she was wielding a bat.
As a Georgia Criminal Defense Lawyer, I will provide a closer look at the criminal law behind battery in today's post.
Battery in Georgia
Battery in Georgia is defined by Georgia Law in O.C.G.A. § 16-5-23.1 as:
A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
By law, the term “visible bodily harm” means bodily harm capable of being perceived by a person other than the victim. The bodily harm includes substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
Battery is classified in the state of Georgia as a misdemeanor. A first conviction for battery can include up to 12 months of imprisonment and fines up to $1,000. Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
It is important to remember that regardless of the facts - there are two sides to every story. Just because a person has been accused of committing a crime does not mean that he or she is guilty of committing said offense.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now.