According to reports out of Forsyth County, a man was arrested for attacking his disabled wife during a domestic dispute.
On Sunday night, a woman called 911 and reported that she was hurt badly by her husband. The woman said that she was laying in bed when her husband came in the room and was allegedly intoxicated. He punched her in the face with an open fist, subsequently breaking her nose.
He is facing charges of aggravated battery and is being held with no bond.
As a Georgia Criminal Defense Lawyer, I will outline the law behind both battery and aggravated battery in today's post.
Battery and Aggravated Battery in Georgia
Battery in Georgia is defined by 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.
The term "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.
A person who commits the offense of battery is guilty of a misdemeanor. This means that if convicted of battery, a person is facing up to 12 months in jail or a fine up to $1,000 or both.
Aggravated battery in Georgia is defined by 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.
A person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years. Aggravated battery is classified as a felony.
Regardless of how awful the circumstances or how horrendous the crime - it is important to know that no matter what a person accused of committing a criminal offense is to be presumed innocent until proven guilty.
If you or a loved one has been arrested, contact our offices today.