Acworth police are on the search for a caretaker in Cobb County who has been accused of shoving an 86-year-old woman to the ground resulting in a broken hip.
The caretaker, Sheliah Knight, was allegedly caught on video in the elderly woman's home. Right now, Knight is wanted on a charge of aggravated battery against someone 65 or older.
As a Georgia Criminal Defense Lawyer, I will outline the offense of aggravated battery because the specific crime that Knight has been charged with is a particular portion of the law that requires more inspection.
Aggravated Battery in Georgia
To better understand the law behind aggravated battery, it is necessary to state the law behind battery in Georgia. Battery 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 harm or visible bodily harm to another.
The penalty for a battery conviction is a misdemeanor. The consequences may include confinement of up to one year and a fine up to $1,000.
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.
The penalty for an aggravated battery conviction will be confinement for no less than one year and no more than twenty years. Aggravated battery can be charged as either a misdemeanor or a felony depending on the circumstances. To determine the punishment, judges could consider evidence about the circumstances when the crime occurred, the extent of the injuries received, whether there was a relationship between the victim and suspect, and if the suspect had a criminal record.
There are certain portions of the law that state that there are situations where no matter what the crime will be classified as a felony offense. These situations include:
- If the battery is committed in a public transit vehicle or station.
- If the crime is committed against a female, who is pregnant.
- If the battery is committed against a teacher or other school personnel engaged in their duties on school property.
- If the battery is against a person, who is 65 years old or older.
- If the person who committed the battery is an employee, agent, or volunteer at a long-term car facility and the victim is a person who is admitted to or receiving services from such facility or person. An example of a long-term care facility is an assisted living community or personal care home.
- If the battery was against a sports official during an amateur contest or while the official is on or exiting the property.
Knight is facing some serious potential consequences. But just as with any other person accused of committing a crime - Knight is to be presumed innocent until proven guilty.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney today.
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