Sandy Mathis has turned herself into Atlanta police after being accused of using a hammer to break her mother's hands. Her mother, Willie Monroe, is 94 years old. Monroe was examined at Grady Memorial Hospital where doctors determined the injuries to her hands were very serious and must have been caused by intentional trauma.
Mathis is currently in the Fulton County jail without bond according to reports. She is facing charges of battery and aggravated assault in Georgia. As a Georgia Criminal Defense Lawyer, I will focus today's post on the criminal offense of battery.
Battery in Georgia
Battery in Georgia is defined by the Georgia Code 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.
By law, visible bodily harm means any bodily harm capable of being perceived as either:
- Substantially blacked eyes
- Substantially swollen facial parts
- Substantially swollen body parts
- Or substantial bruises to any body parts.
Battery is typically classified as a misdemeanor. However, there are situations in which battery will be charged as a misdemeanor of a high or aggravated nature. These situations include:
- Battery committed in a public transit vehicle of station
- Battery committed against a pregnant female
- Battery committed against a teacher or other school personnel on school property
- Battery committed against a person who is 65 years old or older
- Battery committed against a client of a care facility
- And battery committed against a sports official while on property.
Practice Note
There are other penalties that can apply in these types of situations that can be awarded by the Court. Sometimes, the Court will demand that restitution is paid to the victim. This can include the cost of medical treatment, counseling, pain and suffering, etc.
If you or a loved one has been arrested, you need the help of a Georgia Criminal Defense Attorney today.
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