Simple Battery Georgia: What Qualifies and What You Need to Know if You’re Charged

There are many seemingly innocent reasons that a person may be accused of the criminal charge of simple battery in Georgia. Being detained by law enforcement for assault and battery of another person can be confusing and frightening, especially if you do not think you did anything wrong.

If arrested, you are likely wondering if you can go to prison for an offense of simple battery in Georgia. The clear answer is yes. While there are many defenses your Georgia criminal legal representative can utilize to argue your case, everyone’s situation is different, and battery charges can be taken very seriously by the courts. If you work with a local attorney in Cobb County, Gwinnett County, or wherever you are facing charges; they will analyze your case to see which defense strategy will be the best for your case. Ideally, they will be able to present a plea to lessen your charges or request the charges be entirely dismissed.

Either way, the best defense requires the assistance of a criminal defense attorney who will offer valuable legal advice, advocacy, and representation to fight your assault or battery crimes in Dekalb County, Fulton County, or elsewhere in Georgia.

Some individuals think simple battery charges in Georgia refers to a violent criminal offense, such as those related to a physical attack. A Simple Battery charge in Georgia does not fit that description. There are three kinds of battery offenses:

• Aggravated Battery
• Battery
• Simple Battery

Unlike the charges of Battery and Aggravated Battery, Simple Battery does not lead to substantial physical injury (although it might include shoving or slapping). Many simple battery offenses are misdemeanors, however, they can still have a substantial impact on your future, as they remain on your record.

Plus, there are several circumstances where Simple Battery may be handled as a High and Aggravated Misdemeanor. Once a police officer informs you of the charges, a criminal attorney in Atlanta will help ascertain the severity of the case against you. If your actions intentionally caused physical harm to another, you may face something other than a misdemeanor.

According to O.C.G.A. § 16-5-23, a simple battery charge in Georgia takes place when an individual intentionally makes physical contact of an insulting or provoking nature from one person of another; or purposefully triggers physical damage to another person.

The consequences for simple battery in Georgia may include a sentence of as much as 12 months of jail time, a fine of around $1000, and possibly additional restitution to the victim. Restitution compensates the victim for any costs connected to the offense, such as medical treatment, missed wages, and therapy. Although most simple battery cases trigger no severe physical injury, your legal counselor will assist you in properly determining what the best response is.

If you are on the receiving end of simple battery, look for an Atlanta personal injury lawyer that you can develop a good attorney/client relationship with.

According to GA criminal law, even if this is a simple battery Georgia first offense, you might deal with severe repercussions. To keep your record clean, a knowledgeable legal representative will make every effort to have the charges dismissed or to reduce the charges to a lower offense. This is especially necessary for defendants who work in occupations like childcare, healthcare, or are engaged in a branch of the armed forces.

If you are found guilty, your legal representative might argue for a sentence of probation rather than jail. This is based upon the level of physical damage incurred by the victim, any prior offenses, and ultimately depends on the judge’s discretion.

Simple battery family violence in Georgia is generally considered a misdemeanor offense. Unfortunately, this may cause you to consider neglecting or overlooking the charges and ignoring any long-term impacts on your future opportunities. This is a substantial mistake, as typically, this charge will stay on your record, which in turn has the prospective to impact any future offenses, the charges brought for them, and the sentences designated to them.

According to GA Code Area § 16-5-23(g), you deal with more severe charges if you are a staff member at a long-term care center like an assisted living residence or nursing home. Not only would this person be charged with battery, but he or she would likely lose certification and employment.

Defending a Simple Battery Case in GA

Although there are several methods through which a reputable law firm will defend a simple battery case, the following are not valid or effective strategies:

• The action was done in a joking manner.
• The victim did not sustain a serious injury.
• The victim of the battery was a parent or other family member.

Considering that simple battery is often added to other charges to increase their weight and possible consequences, you should seek a lawyer with several client testimonials who is knowledgeable and experienced in a variety of defense strategies.

If you find yourself accused of this somewhat ambiguous offense, you are probably looking at how to get your simple battery charge dropped. To be found guilty of simple battery, the State needs to show that you are guilty beyond a reasonable doubt, which includes proving that you intended to make physical contact. 

An educated lawyer from a trusted criminal defense firm will have proven methods to get your charges reduced or dropped. These include:

• It was an accident and you did not intend to make physical contact.
• You had the consent of the potential battery recipient to touch him or her.
• You have an alibi stating that you were not there or did not do it.
• Your actions were implemented to protect yourself, your property, or another from probably harm.

Since among the fundamental terms for a charge of simple battery is physical contact, another typical defense is that there was no contact. 

Hiring a Simple Battery Defense Attorney

Using individual information like previous criminal offenses and your use of force, the charge of simple battery might be dropped or lowered. Your legal attorney will prepare the best defense for your case. Contact a criminal defense firm like The Law Ladies for a free consultation today.