According to reports out of Roswell, a bouncer at a local restaurant has been arrested on aggravated battery charges.
The restaurant has its own bar located on Holcomb Bridge. Bystanders said that the bouncer had actually been dealing with altercations all evening. Several different people allegedly attempted to attack him.
This is what led to the alleged attack committed by the bouncer against one of the patrons of the bar. He allegedly hit a man in the fact with a metal flashlight. This blow led to facial damage and loss of teeth.
As a Georgia DUI Lawyer, I regularly handle cases involving both drugs and alcohol - such as DUI in Georgia. Instead of focusing on the crimes allegedly committed by the bouncer - I will focus on the alleged conduct of some of the patrons in the bar that same night. This might fit the offense of disorderly conduct in Georgia.
Disorderly Conduct in Georgia
Georgia law defines disorderly conduct by outlining a multitude of acts:
- When a person acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;
- When a person acts in a violence or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
- When a person without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or
- When a person without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace. (O.C.G.A. §16-11-39)
Once convicted, the person is deemed guilty of a misdemeanor. Misdemeanor convictions can include up to 12 months in jail or up to $1,000 in fines or both.
Practice Note
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