Marcus Waller has turned himself into Spalding County police yesterday after allegedly beating up his ex-girlfriend in Griffin City Park.
According to report, Waller hit her and dragged her across the road by her hair. She is facing serious injuries including a broken nose.
As a Georgia Criminal Defense Lawyer, I will outline the offense of battery in today's post as well as the heightened offense of aggravated battery.
Battery in Georgia
Georgia Law defines battery in Georgia 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.
Furthermore, Georgia Law defines “visible bodily harm” as “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 defined as a misdemeanor offense. The consequences may include confinement of up to one year and a fine up to $1,000. A second conviction for battery against the same victim will have a penalty of confinement for no less than ten days nor more than twelve months and/or a fine not to exceed $1,000.00.
Aggravated Battery in Georgia
Georgia Law defines aggravated battery in Georgia 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 does not require that a victim's disfigurement be permanent. However, the injury must be more severe than a mere visible or superficial wound.
Aggravated battery is defined as a felony offense. The penalty will be confinement for no less than one year and no more than twenty years.
Practice Note
If you or a loved one has been arrested in Georgia, contact our offices today. A Georgia Criminal Defense Attorney can help you today.
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