According to reports, a domestic dispute in Cobb County ended with the stabbing of one individual with a kitchen knife and the arrest of the other individual.
As of right now, investigations are still ongoing.
Although, no charges have been released yet, one of the charges faced will most likely be aggravated battery as a result of the physical injury. In today's post, I will outline the offense of aggravated battery in our state as a Georgia Criminal Defense Attorney.
Aggravated Battery in Georgia
The Georgia Code defines aggravated battery in Georgia 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. O.C.G.A. §16-5-24.
Aggravated battery can include:
- Striking a person with a weapon,
- Shooting someone with a gun,
- Punching someone in the face,
- Stabbing someone, etc.
To be convicted of aggravated battery over battery in Georgia, the prosecution must demonstrate that the accused individual is guilty beyond a reasonable doubt.
This requires a showing that the suspect intended to make physical contact. If the battery was based on physical injury, then the prosecution must present evidence of the injury and the severity of the injury.
The penalty for an aggravated battery conviction can include up to twenty years in prison. Aggravated battery can be charged as either a misdemeanor or a felony depending on the circumstances. Judges will examine 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 in order to determine whether the crime will be charged as a misdemeanor or a felony offense.
As a Georgia Criminal Defense Lawyer, I always do my best to note that the very basis of our criminal justice system in this country. The presumption of innocence until proven guilty.
Unfortunately, wrongful accusations and arrests happen more frequently than anyone would like to admit. However, this is where we come in. There are Georgia Criminal Defenses that can apply to every case of a wrongful accusation of a criminal offense.
If you or a loved one has been arrested, contact our offices today.