The Crime of Aggravated Battery in Georgia
StatuteMaliciously causes bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, or by seriously disfiguring his body or a member thereof. O.C.G.A. 16-5-24(a).
Definitions"Maliciously" means acting intentionally and without justification or serious provocation. Wade v. State, 258 Ga. 324 (1988). Bodily "member" means body part or organ. Mitchell v. State, 238 Ga. 167 (1977)."Disfigurement" means that which impairs or injures the appearance of a person and "serious" means grave or great. Baker v. State, 246 Ga. 317 (1980). Disfigurement may be temporary. Perkins v. State, 269 Ga. 791 (1998).4
DepriveDepriving the victim of a member of his body may refer to the separation of the member from the body (as in dismemberment, amputation, or removal), or it may refer to the loss of the use of the member. Ganas v. State, 245 Ga. App. 645 (2000). Medical testimony is not required to demonstrate loss of use. Jones v. State, 283 Ga. App. 631 (2007). The bodily member need not be rendered permanently useless. The temporary reduced use may be sufficient. Walls v. State, 283 Ga. App. 560 (2007).HTTP/1.1
Penalty1 to 20Y. O.C.G.A. 16-5-24(b).
Victim family member (except against siblings), then 3 to 20Y. Id. at (h).
Victim 65 yrs. old or older, public transit vehicle or station, student or school personnel, then 5 to 20Y. Id. at (d); (f); (g).
Victim peace officer or correctional officer, then 10 to 20Y. Id. at (c); (e)(2).