Case Conclusion Date:February 24, 2005
Outcome:Overturned trial judge's decision
Description:Gillespie v. State, 280 Ga. App. 243 (2006), following a bench trial, the court found Victor Gillespie guilty of one count of simple battery and one count of simple assault. Since Gillespie was charged under the family violence provision of OCGA § 16-5-23 (f), the misdemeanor battery offense was “of a high and aggravated nature.” On appeal, I was able to convince the appellate court to reverse Gillespie’s convictions on the basis that the State failed to prove that the offense was an act of family violence.