When a situation becomes violent, it can be scary for everyone involved. However, after the situation passes, there are so many explanations as to why a violent reaction occurred. This is what we uncovered during a recent case.
Our 32-year-old client agreed to watch his sister’s two young children while she and her mother flew out of town to attend their father’s funeral. Upon her arrival home, the sister discovered her house in disarray. An argument between our client and his sister ensued and quickly escalated. Our client allegedly grabbed his sister by the throat and threatened her. It was also alleged that he later picked up a golf club and threatened her life. He was arrested for simple battery (O.C.G.A §16-5-23) under the Domestic Violence Act.
In the State of Georgia, simple battery is described as intentionally making physical contact of an insulting or provoking nature or intentionally causing physical harm to another person. As a misdemeanor, simple battery can carry penalties of up to a year in prison, fines reaching $1,000, probation, and restitution. However, there are some circumstances that can elevate the charge and potential sentencing.
After meeting with the client, we discovered that he has been suffering from PTSD after being the victim of a vicious attack several years earlier. Additionally, there were other mental health issues that weren’t being properly addressed. We worked to get him evaluated, placed on proper medication, and started with a consistent therapy routine.
This plan of action was not only in the best interest of our client and his health, it also resulted in his sister’s request that the case be dismissed. The State then agreed to dismiss the case and expunge his record.
At Andersen, Tate & Carr, we believe that it’s essential to look after our clients’ total wellbeing and not just the details of their legal case. For this client, we were thankful to play a role in getting him the medical attention he needed to thrive in the years to come.
Professional Legal Representation
For more information or to request a case evaluation, call our law office at (770) 822-0900. We have been very successful at reaching the best possible outcome for our clients, and our attorneys are here to help you through this difficult and stressful time.