According to reports, Clarke County bus monitor, Holly Sewell, has been arrested after allegedly verbally and physically attacking two elementary school students on a bus.
Sewell was fired after the Athens Banner-Herald reported that there had been physical contact between her and two special needs students. Sewell's job as a bus monitor was to oversee the students and to intervene in case there was an incident involving the students' safety.
As a Georgia Criminal Defense Attorney, I will focus today's post on the offense that Sewell has been charged with: battery.
Battery in Georgia
Battery in Georgiais defined by Georgia Law as:
A person commits the offense of battery when he or she intentionally causes substantial harm or visible bodily harm to another. O.C.G.A. §16-5-23.
Georgia Law states that visible bodily harm is 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 a misdemeanor offense in Georgia. The consequences can include confinement of up to one year and a fine up to $1,000.
Practice Note
Most of the time battery is considered a misdemeanor. However, there are times that battery is considered a felony. These times and circumstances include:
- Battery in a public transit vehicle or station
- Battery against a pregnant female
- Battery against a teacher on school property
- Battery against a person who is 65 years old or older
- Battery against an employee of a care facility
Other penalties can include restitution to the victim resulting from a civil suit brought by the victim or the victim's family.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Lawyer today.
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