GA Code 16-5-24 (2017)
(a) 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.
(b) Except as provided in subsections (c) through (g) of this Code section, a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
(c)(1) A person who knowingly commits the offense of aggravated battery upon a public safety officer while the public safety 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; provided, however, that for persons who are at least 17 years of age, a mandatory minimum term of imprisonment of three years shall be imposed and no portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court; provided, however, that in the court’s discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum.
(2) A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.
(d) 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.
(e) 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.
(f) Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
(g) 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.
Other decisional law from Georgia appellate courts pertaining to the felony crime of aggravated battery GA under O.C.G.A. 16 5 23.1 and related topics:
To have serious disfigurement, the instrument causing the damage can be a fist or a shoe and need not be a deadly weapon. Baker v. State, 246 Ga. 317 (1980) (reversed on other grounds).
If a victim tries to “protect” her live-in boyfriend, by stating that no battery of the victim with clenched fists occurred in their altercation, but other eyewitnesses refute that biased testimony, the trier of fact (a jury or judge hearing the case without a jury) decides credibility issues and may ignore the victim’s testimony as not credible. Holland v. State, 239 Ga.App. 436 (1999).
Damage to an infant, as shown my numerous physical markings on the child’s body, including fractures of the baby’s ribs and a brain contusion are enough circumstantial evidence to trigger conviction of aggravated battery Georgia and impose the related felony punishments. Thompson v. State, 156 Ga.App. 1 (1980).
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