A Forsyth County high school experienced a dangerous incident this past week. Two seniors, both 17 years old, were arrested on property after allegedly attacking another student.
According to reports, the two boys attacked an older student in the boys' locker room around 9:00 AM on November 13th. The alleged victim had some serious facial injuries and was rushed to a nearby hospital in an ambulance. Currently, his condition is unknown. Both were arrested on charges of aggravated battery.
As a Georgia Criminal Defense Attorney, I will outline the law behind aggravated battery in our state as well as the consequences if found guilty.
Aggravated Battery in Georgia
According to O.C.G.A. §16-5-24, aggravated battery in Georgia is defined by law 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 disfigurement or the injury must be more severe than a superficial wound.
The penalty for an aggravated battery conviction can include one to twenty years in prison most of the time. However, there are situations in which an aggravated battery conviction can be considered a misdemeanor offense instead of a felony. This classification is completely up to the judge though. To determine the extent of the punishment, judges consider 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 accused person had a criminal record.
There are Georgia Criminal Defenses that can apply to a wrongful accusation of aggravated battery in Georgia. These defenses include but are not limited to the following:
- No bodily harm or disfigurement of alleged victim
- Instrument used was not a weapon
- Self defense
- Defense of others
As a Georgia Criminal Defense Lawyer, I must point out that this is not an exclusive list. There are many defenses, but which one works depends on the facts of the case. Contact our offices today if you or a loved one has been arrested. We can investigate the details of your case.