[JA2008]

My question involves criminal law for the state of: GA

To be brief. I got into a verbal argument that led to a fight. It was very brief and he received some minor bruising and I recieved no injuries. After we were separated I was forced to leave by the bystanders . It didn't seem like a big deal but I am told now that he had contacted the police and reported the incidence ,he also somehow went to the ER in the ambulance(he had no severe injury??). That said I have not filed a report nor do I have Medical record of any injuries since there aren't any , so I wanted to know..

1) What am I going to be charged with ?
2) How much of a disadvantage do I have since I did not file a report yet nor recieved any injuries to report.
3)Does his action of reporting mean that the police will come looking to arrest me ?
4) Does he need to still get a lawyer and press charges agaisnt me or is it already done when he made the Police report ?

[aardvarc]

[QUOTE=JA2008;240940]My question involves criminal law for the state of: GA

To be brief. I got into a verbal argument that led to a fight. It was very brief and he received some minor bruising and I recieved no injuries. After we were separated I was forced to leave by the bystanders . It didn't seem like a big deal but I am told now that he had contacted the police and reported the incidence ,he also somehow went to the ER in the ambulance(he had no severe injury??). That said I have not filed a report nor do I have Medical record of any injuries since there aren't any , so I wanted to know..

1) What am I going to be charged with ?

Probably simple battery.

2) How much of a disadvantage do I have since I did not file a report yet nor recieved any injuries to report.

Some, but prosecutors understand that more often than not, it's the loser of a fight who reports, and not necessarily the "at fault" party.

3)Does his action of reporting mean that the police will come looking to arrest me ?

If police file a capias requesting a warrant, and a judge agrees that probable cause exists, yes.

4) Does he need to still get a lawyer and press charges agaisnt me or is it already done when he made the Police report ?

Once he files the police report, it's all in the hands of the state. At that point he becomes simply a witness and the prosecutor decides whether or not the case moves forward and formal charges are filed.

[JA2008]

Thanks. Also

1) Should I go ahead and file a police report against him ? would it help ot be pointless now after 2 days !
2) What might be the favorable result of this case ? Meaning I have a clean record and I will pay for a good lawyer ..
3) what can be the sentence or fines ?

[aardvarc]

1) Should I go ahead and file a police report against him ? would it help ot be pointless now after 2 days !

Your statement would likely be added as a supplement to the original case. Can't really say if it would be helpful or hurtful - it would depend on what both sides said.

2) What might be the favorable result of this case ? Meaning I have a clean record and I will pay for a good lawyer ..

Obviously best case scenario is that charges aren't brought. You've not been arrested yet, and not all reports to police result in cases moving forward. Other than that, the crystal ball really can't predict.

3) what can be the sentence or fines ?

Simple battery is a misdemeanor under § 16-5-23.1 - might get simple assault under § 16-5-20 depending on the injuries, but that's a misdemeanor too so it's really symantics. As for sentencing, there are a lot of different possibilities or combinations:


TITLE 17. CRIMINAL PROCEDURE
CHAPTER 10. SENTENCE AND PUNISHMENT
ARTICLE 1. PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT

O.C.G.A. § 17-10-3 (2008)

§ 17-10-3. Punishment for misdemeanors generally


(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:

(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;

(2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall not exceed a total term of 12 months; or

(3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months.

(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section.

(c) In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.

(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:

(1) Reexamination by the Department of Driver Services when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;

(2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;

(3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or

(4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.

(e) Any sentence imposed under subsection (d) of this Code section shall be reported to the Department of Driver Services as prescribed by law.

(f) The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence or when the sentence is accepted pursuant to Code Section 42-9-71. Except as provided in this subsection, the Department of Corrections shall lack jurisdiction to confine misdemeanor offenders.

(g) This Code section will have no effect upon any offender convicted of a misdemeanor offense prior January 1, 2001, and sentenced to confinement under the jurisdiction of the Board of Corrections or to the supervision of the Department of Corrections.