How “Fighting Words” Can Affect a Simple Battery Case in Georgia

Georgia law defines simple battery as intentionally “making physical contact of an insulting or provoking nature with the person of another.” Basically, if you touch someone in an aggressive manner without their consent, it is battery, even if you do not physically harm them in any way. It is also important to distinguish battery from assault, which involves an attempt to commit a violent injury against someone else. Assault does not require any physical contact. Battery does.

Georgia Man Convicted of Battery After Ripping Dentist’s Shirt

A recent Georgia Court of Appeals case, Daniels v. State, demonstrates how even a simple disagreement can escalate into a criminal battery charge. In this case, the plaintiff had an appointment with a local dentist. The dentist refused to honor the appointment, however, because the defendant previously filed a fraudulent claim against him regarding an earlier procedure. So when the defendant arrived for his appointment, the dentist asked him to leave.

The defendant recorded what happened next on his phone. The video showed the dentist telling the defendant, “If you ever show up here again, I’ll beat the [expletive] out of you.” A struggle then followed off-camera, during which the defendant grabbed the defendant’s shirt and ripped it. The defendant then left the office. The dentist called the police.

Prosecutors subsequently charged the defendant with simple battery and disorderly conduct. The defendant elected to represent himself in court and waived his right to a jury trial. A judge held a bench trial and found the defendant and found the defendant guilty of both charges. The court sentenced the defendant to 2 years probation and a fine of $2,000. The defendant, still representing himself, appealed.

The Court of Appeals upheld the conviction for simple battery but reversed the conviction for disorderly conduct. The appellate court explained that simple battery was proven at trial by the dentist’s testimony that the defendant ripped his shirt. As for disorderly conduct, Georgia law requires proof that the defendant used “fighting words” to sustain such a charge. Here, while the dentist testified the defendant cursed at him–which could qualify as fighting words–he could not “recall the specific words” used. Nor was there any other evidence suggesting the defendant used such words. (As previously noted, the defendant’s phone recorded video of the dentist threatening him, not the other way around.)

Contact Hawkins Spizman Trial Lawyers Today

Despite the defendant’s partial victory in the case above, it should be noted the Court of Appeals chastised him for representing himself–or more precisely, for not following the rules of the court as a self-represented defendant. For instance, the defendant filed a brief that failed to cite any facts or law in support of his case. This forced the appellate court to rely instead on the trial transcript.

Representing yourself in a criminal case, even one for simple battery, is never a good idea. A qualified Atlanta assault lawyer can ensure you put the best possible defense forward in court. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=985e66a5-d6e1-4a84-a30d-c5c35f2308ad