A local mall in SW Atlanta has banned two smoothie employees after a recent incident. This past week, a Paradise Smoothie Juice Bar employee allegedly stabbed another employee in the food court.
The incident was videoed by a customer standing in line. The violent fight was reported as being an argument over a girl.
One of the men was arrested for aggravated battery charges after being treated at the hospital.
As a Georgia Criminal Defense Lawyer, I will outline the offenses of battery and aggravated battery so as to clarify the differences between the two criminal offenses.
Battery and Aggravated Battery in Georgia
Battery in Georgia is defined in O.C.G.A. §16-5-23.1 as:
A person commits the offense of battery when he or she intentionally causes substantial harm or visible bodily harm to another.
Visible bodily harm is defined by law 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 classified as a misdemeanor. The consequences of a battery conviction may include confinement of up to one year and a fine up to $1,000. However, 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 is defined 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.
Some examples of aggravated battery include battery with the use of a weapon, dangerous object, gun, etc. Battery against particular people groups that are protected such as police officers, healthcare providers, social services workers, or the elderly and developmentally disabled, is also considered aggravated battery.
Aggravated battery is classified as a misdemeanor or a felony. The penalty if convicted of felony aggravated battery will be confinement for no less than one year and no more than twenty years. To determine the punishment, judges could consider evidence about the circumstances when the crime occurred, the extent of the injuries received, whether there was a relationship between the victim and suspect, and if the suspect had a criminal record.
The penalty for committing aggravated battery that results in temporary disfigurement may be deemed a misdemeanor, which is punishable by up to one year in confinement.
However, committing aggravated battery by use of a deadly weapon is generally deemed a felony by most judges.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney today.