Man Accused of Attacking Mother in Powder Springs

Cobb County Superior Court

Powder Springs, Ga. - A local man has been accused of attacking his own mother with a meat cleaver this past week.

The man was arrested Sunday night on charges of aggravated battery on a person 65 or older. The warrant states: “Said accused did strike said victim with a meat cleaver, causing lacerations on said victim's face and the back of her head. Said victim also suffered nasal fractures.”

On top of the incisions, the man's mother also had a collapsed lung, a broken nose, and several broken ribs.

As a Georgia Criminal Defense Lawyer, I will outline what differentiates aggravated battery on a person 65 or older from a younger person according to Georgia Law.

Aggravated Battery on a Person 65 or Older

The Georgia Code defines the offense of 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 is classified as a felony offense in the state of Georgia. Typically, the prison sentence can range from one to twenty years. However, there are specified situations and circumstances that can lead to statutory minimums. See below.

• A person who knowingly commits the offense of aggravated battery upon a peace officer while the officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
• Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
• A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years.
• Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
• Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
• If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.

Practice Note

As you can see from the law above, Georgia criminal law can be very complicated and depending on the circumstances of the allegation, there are subtle differences that can lead to very serious consequences.

If you or a loved one has been arrested, call a Georgia Criminal Defense Attorney today. We can help you now.