When we hear someone arrested for assault and battery, it conjures up the worst images in our minds of bruised eyes and busted lips. In many cases, those thoughts are warranted. But, do you know the difference between 1st degree charges v. 3rd degree? What about being charged under the Family Violence Act? Think about this: Every couple argues at some point. Disagreements can become heated and tempers can flare and voices rise. But, if your spouse tries to push past you and/or you try to hold them to keep them from running away, and there happens to be a child under the age 18 in the vicinity, you very well may be charged with assault and battery under the FVA.
In legal terms, a person commits the offense of simple assault when he or she attempts to commit a violent injury to the person of another; or commits an act which, places another in reasonable apprehension of immediately receiving a violent injury. In Georgia, Battery is different than Simple Battery. Battery is when a person intentionally causes substantial physical harm or visible harm to another. Visible harm is bodily harm capable of being perceived by a person other than the victim and may include things such as, black eyes, swollen lips, bruises, etc. On the other hand, Simple Battery is when a person intentionally makes physical contact of an insulting or provoking nature with the person of another; or intentionally causes physical harm to another.
More often than not, responding officers will have no choice but to charge the party who touched another during an argument, even if there were no visible injuries. The simple act of pushing someone out of the way or grabbing someone’s shoulders to keep them from lashing out will likely land you in jail with charges levied.
If you have been charged with Simple Battery, or feel that you have been wrongfully accused of the aforementioned crime, then call Blake Scoggins Attorneys at Law to help you with your defense. Depending on the situation and how the events took place, we will be able to evaluate your claim and tell you where you stand and what type of defenses you may have.
Blake Scoggins, Attorneys at Law LLC is a law firm that strives to protect the interest and rights of each and every person that walks through our doors. We believe in taking the time to meet with our clients personally. This helps to develop a genuine attorney/client relationship, geared toward getting the best possible outcome for the client. Obviously, there are no guarantees in the legal system. We cannot guarantee that you will win your claim or be successful in your suit, but what we can guarantee is that our experience will give you a realistic approach to your specific situation. We will be honest in our evaluation of the claim and discuss the possible avenues you may choose to take.
Call us at (770) 877-2258 to set up a free consultation so that we may properly evaluate your case.