According to reports out of Cherokee County, David Kemp pleaded guilty to one count of aggravated assault, two counts of aggravated battery, three counts of family violence battery, violating a protective order and making terroristic threats or acts.
He was sentenced to 25 years in prison.
The prosecutor in the case described the situation where he beat his wife as “one of the worst beatings” she had ever seen. The attack resulted in his wife having a broken nose and a subdural hematoma. She also had cuts on her face and bruising all over her body.
As a Georgia Criminal Defense Lawyer, I will outline both offenses of battery and aggravated battery in today's post.
Battery and Aggravated Battery in Georgia
To best understand the offense of aggravated battery, it is necessary to look at the law behind battery first. Battery in Georgia 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 physical harm or visible bodily harm to another.
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.
Battery is classified as a misdemeanor offense. A battery conviction can result in up to 12 months in jail and $1,000 in fines.
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.
Aggravated battery is classified as a felony. An aggravated battery conviction can result in up to 20 years in prison.
There are also situations that cause the penalty for aggravated battery to be exacerbated. Aggravated battery is classified as a serious violent felony in the state of Georgia.
If you or a loved one have been arrested for a serious felony offense or even a misdemeanor offense, do not risk handling the case on your own. Contact a Georgia Criminal Defense Attorney now.