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2 counts of simple battery and battery Georgia

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  • 2 counts of simple battery and battery Georgia

    this is my first time on this forum. i am very happy i found this site!

    1 week ago my mother called the law on my boyfriend whom i've been with 1 year tomorow. he pretty much od'd on some pills, then when he woke up he was still out of it. we had a huge arguement because my mother told his mother about the incident of him taking the pills. he fliped out, he doesn't like her to know. we all were wrestlin around, yelling, his nails scraped the side of my face, and there were no visible signs of physical harm besides the scratches. he got simple battery, 2 counts (against my mom and against me). we got him out.

    then 3 days ago (almost a week from the last incident) someone at captain d's called the police. we don't know exactly what they told the police, but my boyfriend said the accusations were false saying i had a black eye, etc. i didn't know anything about this until today. the police observed me and all they acted like they saw was my hair being pulled, and that is it! i told them that is all that happened, that the cuts on the side of my face were from his fingernails from the last week. ALSO my right eye has always looked sort of bruised, it's kind of dark, but they didn't ask me anything about it! he was charged with battery this time, i thought battery is like bad wounds, or bad bruises etc.

    what are my rights, or what actions can i take to help my boyfriend out. i thought that we could both get the police report, read it, find out what they're saying happened, and then i make my own statement. maybe if i take pictures with the date on them being 3 days later, would that help?

    this is costing us everything, he lost his job, we were already in a financial fix because of gas prices and just everything in general! we can't afford an attourney.

    also we have an appointment to see a counselour so we can both get on our meds, we're both bi-polar, will it help if he is on his medicine and getting his ged when we go to court? we're trying to straighten everything up, we just don't know where we stand, the police won't give us much information.


    sorry if this isn't clear

    also he is 17, the first incident was his FIRST offense , and the 2nd is his 2nd so far, he has nothing on his record right now.
    Last edited by ladnana; 07-24-2006, 05:09 PM.

  • #2
    Originally posted by ladnana
    this is my first time on this forum. i am very happy i found this site!

    1 week ago my mother called the law on my boyfriend whom i've been with 1 year tomorow. he pretty much od'd on some pills, then when he woke up he was still out of it. we had a huge arguement because my mother told his mother about the incident of him taking the pills. he fliped out, he doesn't like her to know. we all were wrestlin around, yelling, his nails scraped the side of my face, and there were no visible signs of physical harm besides the scratches. he got simple battery, 2 counts (against my mom and against me). we got him out.

    then 3 days ago (almost a week from the last incident) someone at captain d's called the police. we don't know exactly what they told the police, but my boyfriend said the accusations were false saying i had a black eye, etc. i didn't know anything about this until today. the police observed me and all they acted like they saw was my hair being pulled, and that is it! i told them that is all that happened, that the cuts on the side of my face were from his fingernails from the last week. ALSO my right eye has always looked sort of bruised, it's kind of dark, but they didn't ask me anything about it! he was charged with battery this time, i thought battery is like bad wounds, or bad bruises etc.

    what are my rights, or what actions can i take to help my boyfriend out. i thought that we could both get the police report, read it, find out what they're saying happened, and then i make my own statement. maybe if i take pictures with the date on them being 3 days later, would that help?

    this is costing us everything, he lost his job, we were already in a financial fix because of gas prices and just everything in general! we can't afford an attourney.

    also we have an appointment to see a counselour so we can both get on our meds, we're both bi-polar, will it help if he is on his medicine and getting his ged when we go to court? we're trying to straighten everything up, we just don't know where we stand, the police won't give us much information.


    sorry if this isn't clear

    also he is 17, the first incident was his FIRST offense , and the 2nd is his 2nd so far, he has nothing on his record right now.
    You both need to get on your meds- NOW and stay on them. Thre isn't much you can do legally to help your BF, you can try to tell your side in court, but usually the "victim" isn't listened to when she wants to get BF out of trouble. Since you are both bi-polar it is imperative that you both not only stay on your meds, but also take counseling and anger management classes. If your BF does all this before going to court it will help him alot. Good luck.

    Comment


    • #3
      Originally posted by xena
      You both need to get on your meds- NOW and stay on them. Thre isn't much you can do legally to help your BF, you can try to tell your side in court, but usually the "victim" isn't listened to when she wants to get BF out of trouble. Since you are both bi-polar it is imperative that you both not only stay on your meds, but also take counseling and anger management classes. If your BF does all this before going to court it will help him alot. Good luck.

      thank you for replying, it is very much appreciated... i have a question, what is the difference between simple battery and battery in ENGLISH, haha. i looked it up, but some of the words cofuse me. i thought battery is damaging hits, like bruises, etc... i think they lied on the police report, the only thing they mentioned to me was pulling my hair, if it was so serious why didn't they ASK me, or ask me to show them the areas they think he hit me. i mean i just don't understand!

      i'm getting the police report tomorow & they acted like i could give my statement, will that help any, also my mom is going to give a statement. this is costing us so much money!

      Comment


      • #4
        Originally posted by ladnana
        thank you for replying, it is very much appreciated... i have a question, what is the difference between simple battery and battery in ENGLISH, haha. i looked it up, but some of the words cofuse me. i thought battery is damaging hits, like bruises, etc... i think they lied on the police report, the only thing they mentioned to me was pulling my hair, if it was so serious why didn't they ASK me, or ask me to show them the areas they think he hit me. i mean i just don't understand!

        i'm getting the police report tomorow & they acted like i could give my statement, will that help any, also my mom is going to give a statement. this is costing us so much money!
        I'm sorry, I really don't know what the legal difference is between simple battery and battery. I do know that the term "battery" encompasses alot of things besides striking a person. Pulling hair would be considered as battery though.

        Comment


        • #5
          battery

          Originally posted by ladnana
          thank you for replying, it is very much appreciated... i have a question, what is the difference between simple battery and battery in ENGLISH, haha. i looked it up, but some of the words cofuse me. i thought battery is damaging hits, like bruises, etc... i think they lied on the police report, the only thing they mentioned to me was pulling my hair, if it was so serious why didn't they ASK me, or ask me to show them the areas they think he hit me. i mean i just don't understand!

          i'm getting the police report tomorow & they acted like i could give my statement, will that help any, also my mom is going to give a statement. this is costing us so much money!

          Battery- is the use of force against another person and resoulting in a harmful or ofensive contact and is a misdemeanor.

          Simple battery-if is not accompanied by aggravating circumstances and not resulting in serious bodily harm.

          major of the times it goes taken by the hand one with the other.
          hope everything goes great for you!

          Comment


          • #6
            honey

            This post is very old, and the original poster has not been back for over a month, but thanks for being here, I see you are new. Welcome to labor law talk.

            Comment


            • #7
              back again

              ok so i did get the police reports that's been a while ago!

              he was charged with simple assault, simple battery, AND battery.

              NOW another update, we got the papers for court, which is the 27th of this month. NOW they're charging him with battery, battery, AND BATTERY. how is this legal? can someone tell me before i go talking to police and getting it worse on him, i want to make it better but im scared if i come to them to ask them to drop the charges ( a lady in the court told us to do that), that they will go harder on him. i think theyre trying to get him for 2 felonies and he is only 17. the lady at the court also brung up his juvenile record i thought that if you are an adult then they can't touch that!! i live in a really small town and i just hate that no one will help , we get the run around and no one genuinely cares

              Comment


              • #8
                Originally posted by ladnana View Post
                ok so i did get the police reports that's been a while ago!

                he was charged with simple assault, simple battery, AND battery.

                NOW another update, we got the papers for court, which is the 27th of this month. NOW they're charging him with battery, battery, AND BATTERY. how is this legal? can someone tell me before i go talking to police and getting it worse on him, i want to make it better but im scared if i come to them to ask them to drop the charges ( a lady in the court told us to do that), that they will go harder on him. i think theyre trying to get him for 2 felonies and he is only 17. the lady at the court also brung up his juvenile record i thought that if you are an adult then they can't touch that!! i live in a really small town and i just hate that no one will help , we get the run around and no one genuinely cares
                If the word battery is mentioned three times in a row like that it probably is thier way of writing 3 counts of battery. Meaning that they are charging battery for three seperate occasions.
                I highly advise you to talk to his attorney, NOT to the police. Talking to the police will only make the situation worse.

                Comment


                • #9
                  I have heard also, that the police may charge someone with a lesser crime, and then the District Attorney who prosecutes him, decides to change the charge to a more serious one. This is not uncommon. Please do as Xena says, and talk to the lawyer, and let the lawyer try to plea for a lesser charge. Good luck to you!

                  Comment


                  • #10
                    he has an arraignment and this is where he pleads guilty or not guilty right? if he pleads NOT guilty will they sentence him then or will it go to a higher court and will they be harder on him? the secretary at the court said that he will be put on probation and have to pay 1,400 something.

                    also at the arraignment do they give u the choice of having a free attourney before they call you up?


                    AND also will they mention the victims name in court? im embaressed to go with him and he is my boyfriend i want to be there for him, but the witness made up a bunch of bs and if they read that aloud i will really be embaressed.


                    i just dont see how its fair that you get arrested for one thing but it's subject to change, if anyone knows a website i can read this at that it says its legal i would feel better but i feel as if he's being cheated. we can't afford all of these bills

                    Comment


                    • #11
                      please still answer my questions this is just a little update

                      after looking all over google for " district attorney change charges" i finally found something that said after an arrest is made, the police send the report over to the da for evaluation & they may change the charge if they believe it was worse than the cops charged him with. that really sucks...

                      Comment


                      • #12
                        Originally posted by ladnana View Post
                        please still answer my questions this is just a little update

                        after looking all over google for " district attorney change charges" i finally found something that said after an arrest is made, the police send the report over to the da for evaluation & they may change the charge if they believe it was worse than the cops charged him with. that really sucks...
                        I am glad you found it, I looked last night and forgot to post my findings because I was a little tired. Sorry you had to find it yourself. I am not sure with this charge, if when and if he pleads not guilty, if a court appointed attorney is granted. I think if it goes to trial, then yes, if he does not make enough money, the judge will appoint him an attorney, but you never know what you are going to get for free.
                        Last edited by turbowray; 11-17-2006, 06:59 PM.

                        Comment


                        • #13
                          well we went to court and da ended up raising their voice at him saying if he plead guilty he would be looking to 5 years. my mom said it sounds like they uped the charges & want something big so they can them back down to if he has a lawyer. i dont know but this is just LUDACRIS. he is only 17, he has his whole life ahead of him, he is always getting bad luck.

                          i was wondering maybe if the DA was just trying to scare him and they mean UP to 5 years? this is just crazy, i wish there were a way around this. my mom said a whi

                          Comment


                          • #14
                            Originally posted by ladnana View Post
                            well we went to court and da ended up raising their voice at him saying if he plead guilty he would be looking to 5 years. my mom said it sounds like they uped the charges & want something big so they can them back down to if he has a lawyer. i dont know but this is just LUDACRIS. he is only 17, he has his whole life ahead of him, he is always getting bad luck.

                            i was wondering maybe if the DA was just trying to scare him and they mean UP to 5 years? this is just crazy, i wish there were a way around this. my mom said a whi
                            I think the DA is saying take a plea bargain (whatever they are willing to give him now, without going to court), or if you cost the taxpayers money, and make them take you to court, he will try for a bigger sentence. What were they going to charge him with, right now, and what kind of sentence?

                            Comment

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