Ordinary assault may be one of the most serious misdemeanors in Georgia, in terms of direct and collateral consequences. A conviction could mean up to a year behind bars. Collateral consequences usually include immigration issues, employment problems, housing problems, and civil court problems, such as a restraining order, an adverse issue in most family law proceedings, and possible civil liability.
A Marietta criminal defense lawyer often uses one of the three defenses outlined below to reduce or eliminate these harsh direct and indirect consequences. Plea bargains resolve most assault cases. So, most defendants don’t have to risk trials to obtain the aforementioned reduction. Furthermore, the defense doesn’t have to “beat” the charge or “prove” the defendant is “innocent.” The defense must only be strong enough to create a reasonable doubt.
What Prosecutors Must Prove in Georgia Simple Battery Cases
Georgia’s version of ordinary assault is a bit different from similar laws in other states. In Cobb County, a person commits the offense of simple battery when s/he:
- Intentionally makes physical contact of an insulting or provoking nature with another person, or
- Intentionally causes physical harm to another.
That first bullet point is generally a separate offense known as ABC (assault by contact) in most jurisdictions. Typically, ABC is a traffic ticket-level offense. But in Georgia, a wet willy is a misdemeanor that’s subject to enhancement. More on that below.
Harming another person is a much more common form of ordinary battery. Also unlike the law in other states, Section 16-5-23 requires physical injury. That injury could be a red spot or a laceration the size of a pin prick. However, the more severe the injury is, the easier it is to prove intent.
The punishment for simple battery increases to a high and aggravated misdemeanor if the alleged victim was in one of the following protected classes:
- Domestic relationships (current or former spouses, people who have a child together, etc.),
- Police officer carrying out official duties,
- Umpire or referee,
- Utility worker,
- Public school employee,
- Public transportation worker or passenger,
- Over 65, or
- Pregnant female.
Prosecutors may enhance charges to felony aggravated assault in some of these cases, especially if the defendant seriously injured the alleged victim (usually sent the alleged victim to the hospital) or if the defendant used a deadly weapon.
Common Legal Defenses to Assault Charges in Georgia
In one way or another, all assault defenses are based on the presumption of innocence that permeates all aspects of Georgia law.
Procedural Defenses in Georgia Assault Cases
A simple battery arrest is usually a two-part process. First, someone summons officers. Second, officers interview the combatants to determine “who started it.” Either stage of this investigation could spawn a procedural defense in court.
The “someone” who summons officers could be the alleged victim or a third person who witnessed the alleged battery. These tipsters could be unreliable as a matter of law. Many alleged victims are looking for an edge in family court or have a grudge against the defendant. Many third-party witnesses are tattletales who primarily want someone to get in trouble.
For probable cause purposes, officers usually don’t have to read defendants their rights during whodunit investigations. However, if prosecutors try to use a statement the defendant made in court, these statements are inadmissible unless officers read defendants their Miranda rights.
Procedural defenses are excellent tools in criminal cases. They allow a Marietta criminal defense lawyer to get a case thrown out of court before the judge addresses the merits of that case.
Substantive Defense
Lack of credible evidence is an issue in many simple battery cases. The state must prove every element of the offense (intent, physical contact, and injury or offense) beyond any reasonable doubt.
The alleged victim is usually the state’s star witness in these proceedings. The alleged victim’s testimony can establish all these elements. However, the alleged victim’s testimony is often shaky or unavailable.
As mentioned, many alleged victims have mixed motives in these matters. These mixed motives often affect their credibility in court. Very few alleged victims fabricate or exaggerate stories. But it’s happened before and it’ll happen again.
Witness availability could be an issue as well, but not because the alleged victim refuses to cooperate or wants to drop the charges. Alleged victims have this control in civil cases. But they’re only witnesses in criminal cases. As such, prosecutors can subpoena alleged victims and force them to testify against their will.
However, that’s assuming prosecutors can locate the alleged victim. Most people relocate frequently. So, between the incident and the trial, the alleged victim may have moved at least once.
Prosecutors can partner with investigators to locate recalcitrant witnesses. But many prosecutors believe that if the alleged victim doesn’t care about the offense, they shouldn’t care about it either.
Affirmative Defense
Self-defense, in one form or another, may be the most common affirmative defense to simple battery charges. Necessity is a rather distant second.
Self-defense, and its cousins, defense of property and defense of others, is basically a proportional response to an immediate threat. Additionally, the defendant must reasonably believe the use of force was necessary. Georgia is a castle doctrine state, which makes it a little easier for a Marietta criminal defense lawyer to prove these elements in court.
Self-defense often reduces the matter to a “he said, she said” affair. Prosecutors cannot use any statements either party made during the investigation, as mentioned above. Prosecutors can only introduce the result of that investigation. “Your word against mine” usually doesn’t constitute proof beyond any reasonable doubt.
Necessity is committing an offense to prevent a greater harm. This defense might apply if Bill believed that Ted would use a weapon if Bill didn’t take him out.
Evidence, or the lack thereof, dictates the outcome of most criminal cases. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Convenient payment plans are available.
