An Auburn man was arrested after raising his hand as if to strike his 17-year-old niece.
Joseph Scott Womack, 36, of 1577 Cronic Town Road in Auburn, was charged with simple battery and simple assault after a Feb. 9 altercation in the Ingles parking lot on Atlanta Highway.
The victim said she and Womack were arguing when Womack slapped her in the face. The victim claimed her grandmother, who was also present, yelled at Womack telling him he could not strike the victim because he would go to jail.
The grandmother claimed Womack did not strike the victim in the face, but had struck the girl in the arm. The grandmother told police that the victim is very argumentative and “gets out of control” when she is upset.
When police interviewed Womack, he denied striking his niece, but admitted raising his hand towards her. The officer explained that even raising his hand in a threatening manner was an admission of guilt to the crime of simple assault. Based on Womack’s admission and statements from the victim and her grandmother, Womack was arrested and transported to the Barrow County Detention Center.
Other arrests made by Auburn Police during the past week include:
• Paul Anthony Atha, 39, 4419 Wagon Trail, Loganville, first degree forgery.
• John Curtis Brooks, 40, 1370 Third Avenue, Auburn, probation violation.
• Brian Robert Grenier, 18, 4363 Saddle Creek Court, Auburn, VGCSA.
Former MC Resident
02/21/10 at 07:32 AM
Oh, GIVE ME A BREAK!!!! If the man just raised his hand, yet he never swung and that hand NEVER made contact, then where is the simple assault?? And since when did disciplining a child become a crime? I could understand if the child was beaten and had marks, but it doesn't appear to be that in this case!
Try doing your own homework
02/21/10 at 10:49 PM
Try looking up the GA statute code for Simple Assault and you will answer your own question.
Former MC Resident
02/22/10 at 09:09 AM
So what you are saying that if a parent/gaurdian "spanks" their child...its assault?? I don't think so. In Georgia, a parent/gaurdian has a right to spank a child they are in charge of as long as no marks are left...ie, welts, bruising ect. Let a child act incontrolably to me that I am raising, and I will spank them everytime!!!
YES, believe it or not. If you spank your child, then you can be arrested if the child tells anyone. All it takes is for a savvy child to tell a teacher -- mommy/daddy hits me. And we wonder what happened to today's children.
I didn't say anything about it was not ok to spank your child. However, if you raise your hand to strike them in the face then yes, it is simple assault. Spanking your child on her/his behind is ALOT different than slapping them in the face, or hitting then in the arms, or legs or other places.
Whoa people... this is a Simple Assault charge and not a child abuse charge and not a battery charge.
Differences between Assault and Battery:
Assault and battery are not the same thing. Assault refers to an intent or threat to inflict physical harm on someone. Battery is the actual physical act of harming them. When referring to assault and battery, most states address the two crimes together as some form of bodily harm or offensive contact.