I have three counts from the same fight, is that legal and shouldn’t they merge and is it double jeopardy? ?

I have two counts of aggrevated
battery and one count of battery
from the same fight.

Asked on March 2, 2017 under Criminal Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This is not double jeopardy because the elements of battery are different from those of aggravated battery; therefore, it is not the same offense.
There must have been facts pertaining to the fight that resulted in two counts (separate incidents) of aggravated battery.

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