OCGA Aggravated Battery Statute

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).

Criminal Attorneys Near Me for Aggravated Battery Georgia Felony Charge

 

When a person is facing up to 20 years in state prison, our attorneys in Atlanta will travel statewide. Plus, if needed, our lawyers in Atlanta can connect you to assist you to a local criminal lawyer near your local court, if you prefer to only consider representation by criminal attorneys near me.

Atlanta GA Criminal Defense Lawyers NOLO

Larry Kohn, William C. Head, and Cory Yager bring over 72 collective years of legal experience as criminal defense attorneys Atlanta. Your initial lawyer consultation with a law partner is FREE. Our Atlanta attorneys can’t do better than free.

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How to Clear Up a Warrant Without Going to Jail

Criminal Defense Super Lawyers

By: William C. Head and Larry Kohn, Criminal Defense Lawyers Near Me What Is Probation? The probated part of a sentence in GA occurs after the release of an offender from any court-ordered incarceration time. In the State of Georgia, once a criminal case is resolved by a negotiated plea or by a verdict at … Read more

Domestic Violence Lawyer | Family Violence Attorney

Domestic Violence Lawyer

Domestic Violence Lawyer

The role of a Georgia domestic violence lawyer is to strenuously defend their client in the face of what can seem like a mountain of police evidence, and damaging testimony from a family member.

Domestic violence law, also known as family violence law in Georgia, covers the following charges:

“Committing any felony, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass”

How Does GA Law Define “Family Members?”

The Georgia Domestic Relations code O.C.G.A. 19-13-1 defines family members as:

  • Parents of the same child or children
  • Current spouses (husband, wife) or former spouses
  • Children and parents
  • Foster children and foster parents
  • Stepchildren and stepparents
  • Other persons currently living or previously living in the same residence

What Are Court-Ordered Protective Orders?

A court-ordered protective order, known legally as a Family Law Protective Order, can be issued by a judge when the threat of violence or intimidation is a reality between one or more family members. The most common family protective orders issued involve a wife and husband, or a parent and child.

Other protective orders are granted when there is the threat of harm between foster parents and foster children, stepparents and stepchildren, and other persons either currently living together, or formerly living in the same household.

A Family Law Protective Order temporarily prohibits an offender from having any contact with the victim who has requested the court’s protection. The victim can either request protection personally, or the request can be made with assistance from their domestic violence lawyer.

If, after the court order is issued, an offender violates the stipulations of the protective order (restraining order), he or she can be arrested for a new crime and put in jail. The State of Georgia treats family violence offenders very harshly, especially when the victim is a child.

What Stipulations Can a Judge Put in the Restraining Order?

  • Deny all contact, both physical and by telephone and text, initiated by the offender
  • Issue a bench arrest warrant when the abuser breaks the law
  • Order the offender to leave the residence
  • Require the offender to help pay for temporary housing for the victim
  • Take away child visitation rights normally afforded the offender
  • Order mandatory counseling like anger management classes
  • Order that the abuser pay the legal fees and court costs of the victim

Get Immediate Help With Your Domestic Violence Case

Georgia domestic violence attorneys Larry Kohn and Cory Yager want to hear your side of the story, and gather all the case facts to see if all legal guidelines were followed. Being charged with abuse by your spouse can be heartbreaking and terrifying, but an arrest is not a conviction. Good people find themselves in these situations all the time, and you will be treated like family when you come in for your free case review.

Felony vs Misdemeanor OCGA Battery Statute

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Georgia Battery Offense – Felony or Misdemeanor – GA Code 16-5-23.1 (2017)

(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.

(b) As used in this Code section, the term “visible bodily harm” means 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.

(c) Except as provided in subsections (d) through (l) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.

(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:

(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or

(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.

(e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.

(f) (1) As used in this subsection, the term “household member” means 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 living or formerly living in the same household. [Simple battery family violence GA provision]

(2) If the offense of battery is committed between household members, it shall constitute the offense of family violence battery and shall be punished as follows:

(A) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; provided, however, that if the defendant has previously been convicted of a forcible felony committed between household members under the laws of this state, of the United States, including the laws of its territories, possessions, or dominions, or any of the several states, or of any foreign nation recognized by the United States, which if committed in this state would have constituted a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years; and

(B) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

(3) In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.

(g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, “public transit vehicle” has the same meaning as in subsection (c) of Code Section 16-5-20.

(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(i) Any person who commits the offense of battery against a teacher, or other school personnel engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. For purposes of this Code section, “school property” shall include public school buses and public-school bus stops as designated by local school boards of education.

(j) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(k) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12.2, relating to assisted living communities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both.

(l) Any person who commits the offense of battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, the term “sports official” means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.

Other decisional law from Georgia appellate courts pertaining to the crime of Georgia battery under O.C.G.A. 16 5 23.1 and related topics:

The victim need not testify for a conviction to be obtainable from circumstantial evidence: Physical evidence on the victim, observations by the investigating police officer about the victim’s terror, and the officer’s written note indicating that the victim reported that the defendant was the perpetrator was sufficient for a jury to convict of a battery charge in GA. Basu v. State, 228 Ga.App. 591 (1997)

Other witnesses to the accused physically striking the victim (his wife) provided enough evidence to convict under the O.C.G.A. battery law without the victim’s testimony. Downs v. State, 240 Ga.App. 740 (1999).

During a domestic violence investigation, prior to arrest, when a father is the suspect and ADMITS hitting his son in the face, and police take a photo of that person showing bruising on his son’s face, this is sufficient evidence to convict conviction of family violence battery, even when the victim does not testify. Bowers v. State, 241 Ga.App. 122 (1999). NOTE: The right to remain silent eluded the father, when police arrived. Miranda rights only apply AFTER cuffs are put on the suspect’s wrists or being otherwise “in custody.”

Criminal Lawyers Near Me for Georgia Battery Charge: Statewide Coverage

 

Contact our 24-Hour Attorneys for Criminal Defense in any part of Georgia. Our phone is always answered, so DIAL US NOW: 404-567-5515. A PARTNER from our Atlanta-based law firm will travel statewide to defend you. Our law office also can connect you to assist you to a local criminal attorney near your local court, if you prefer to consider criminal lawyers near me.

William C. Head, Cory Yager and Larry Kohn have over 72 collective years of experience as Georgia criminal justice attorneys. Your initial lawyer consultation is FREE, so what do you have to lose by getting FREE legal advice from legal book authors with the highest legal industry attorney ratings?