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Battery

What Elements Are Needed to Prove Battery?

FAST FACTS There were 1.28 million violent crimes across the country in 2017. The rate of violent crimes has steadily decreased since the 1990s.   When you’re charged with any type of crime in Atlanta, you have reason to be frightened, overwhelmed and anxious. If you are convicted of the crime you’re charged with, there will be lasting consequences. You may face jail time, not to mention stiff fines, court costs, and other fees. As Atlanta battery defense attorneys, we know that you are looking for somewhere to turn. Hawkins Spizman Kilgo is here for you and will stand up for your...

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Why Aren’t On-Field Sports Brawls Considered Assault or Battery?

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On-field brawls aren’t uncommon in professional or amateur sports. Football players take a few swings, baseball players charge the mound, and even hockey players throw down the gloves. Players are ejected and some suspended. While it’s certainly an expensive punishment for the players involved, it’s not exactly the same treatment anyone on a public street would be given.

Civil vs. Criminal Assault and Battery Cases

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Many people are familiar with the term “assault and battery,” and mistakenly interchange the two terms. The crimes are not one in the same as far as Georgia law is concerned. Assault and battery are separate crimes, and are further broken down into “simple” and “aggravated” offenses. The following is a brief description of each crime:

The Difference Between Assault and Battery

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In Cobb County, like all other areas of Georgia, assault and battery are two separate crimes, despite many using the terms synonymously or in conjunction with one another, as in “assault and battery.” Either crime can be classified as a misdemeanor or a felony, depending on the circumstances surrounding the incident. Simple Assault Simple assault is described under O.C.G.A. §16-5-20. It is the attempt to commit a violent injury upon another person or placing a person in a situation where a there is a reasonable chance for harm. There is no need to actually touch another person to be charged with...

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