You can certainly fire an employee for being in jail for 2 days after being arrested for aggravated battery whether he has gone to court yet or not. It would not be illegal if you did so. There are employers who would have done so.

However; if you so desire, you can continue his employment & see how the case is resolved after his court date. You will want to think seriously about this though since he will probably be around other people & you don't know what might possibly happen. I don't know how big your place of business is but if you have an in-house lawyer, you might want to run it by him or talk to another lawyer re your liability should he do something while employed.