Legal Question in Criminal Law in Georgia

Charged with Battery and Simple Battery

My wife called 911, she found me asleep and could not wake me up. I had been on sedatives the day before (brother's suicide and funeral). I refused treatment. The deputies said that if I did not go they would take me to jail. Then an ER nurse told me she had to treat me. I told her ''leave me alone''. She started toward me so I grabbed her collar to hold her back. (battery) Later in 4-point restraint and I spit on one of the guards(simple battery). The doctor told my wife I was lucent & refused to call my personal doctor and had the cops haul me off to jail. I was only defending myself and used minimal force in my defense. I did not intentionally cause ''substantial physical harm or visible bodily harm'' to the ER nurse under GA code section 16-5-13.1. I did not ''intentionally make physical contact of an insulting or provoking nature nor did it cause him physical harm'' (spitting, physical contact?) to the guard under GA code section 16-5-23. I never authorized calling 911.


Asked on 2/19/03, 5:47 pm

2 Answers from Attorneys
Deric Beaudoin Mabry & McClelland, LLP

Re: Charged with Battery and Simple Battery

It sounds like you are in a bit of a predicament to say the least. The charges you are facing require intent to harm and while your claims of "self defense" are not necessarily viable, the health care providers don't really have the right to charge you with battery for simply fighting off their unwanted advances to you. I think we could raise a few defenses to your situation and probably get out without a trial by getting your case nolle prossed (not prosecuted), but even if a trial is necessary we could probably get the jury on your side because of all that happened to you the day before. I can represent you if you wish, but if you just want to talk about it feel free to call me as well. Good luck. My number is 404.728.8027 or 404.325-4800.

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Answered on 2/20/03, 9:00 am
Dan Conaway Conaway&Strickler, P.C.

Re: Charged with Battery and Simple Battery

We will be more than happy to help. You have several defenses you could use, and also, some jurisdictions will drop your case if this is your first charge. Please give me a call - 404-816-5000 or 1-888-883-9091. You can also email us at [email protected]. We look forward to hearing from you.

Sincerely,

Dan Conaway

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Answered on 2/20/03, 2:09 pm


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