Columbia County GA assault criminal lawyer
Battery and General intent in Augusta GA
Battery is a general intent offense. This means that the suspect need not intend that the unwanted contact cause the specific harm, but only to commit an act of unwanted contact. This also means that gross negligence or even recklessness can have the required intent to establish a battery.
The doctrine of transferred intent will also apply. If a person intends to strike another, but the latter moves out of the way to avoid being hit, causing the blow to strike a third person, both an assault against the second person and a battery against the third person have occurred.
This is an important distinction between a battery and an assault. A battery needs real contact. An assault is, actually an incomplete battery; a person commits an assault if he or she intentionally puts an individual in apprehension of an impending battery. although, if a person intended just an assault to cause an apprehension of a likely battery, and offensive contact actually occurs, the person has committed a battery as well as an assault.
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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI
The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com
Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.
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