Simple Battery

Unlike the associated charges of Battery and Aggravated Battery, Simple Battery, which may consist of acts like shoving or slapping, does not result in significant physical injury. While a lot of Simple Battery offenses are misdemeanors, they can still have severe effects. Even misdemeanor offenses stay on an individual’s record. Plus, there are several scenarios where Simple Battery might be dealt with as a High and Aggravated Misdemeanor.

The penalties for Simple Battery depend on the specific details surrounding your case. Plus, the actions that constitute this offense are varied, many of which the average person would not consider particularly harmful. In fact, it is conceivable that you may commit Simple Battery and not be aware of it. This is why a skilled and efficient attorney from the law firm of Conoscienti & Ledbetter is essential in planning your defense.

Individuals facing a simple battery charge in Georgia can expect a legal process that unfolds in several stages. Initially, after the charge is filed, the accused individual will be formally notified and provided with details of the allegations against them. This notification typically includes a court date for the initial appearance, where the defendant is informed of their rights and the charges they are facing.

Following the initial appearance, the legal process proceeds to the pre-trial phase. During this phase, both the prosecution and defense may engage in negotiations, exchange evidence, and prepare for the upcoming trial. This phase is crucial for building a strong defense strategy and exploring potential options for resolving the case, such as plea bargains or diversion programs.

If the case proceeds to trial, the court will hear arguments from both sides, examine evidence, and reach a verdict based on the presented facts and legal arguments. Throughout this process, individuals should be prepared to work closely with their legal counsel, attend court proceedings as required, and adhere to any conditions set by the court, such as bail or reporting requirements.

Overall, navigating the legal process for a simple battery charge in Georgia requires understanding the steps involved, cooperating with legal counsel, and being prepared for potential outcomes based on the specifics of the case and applicable laws.

According to O.C.G.A. § 16-5-23, a Simple Battery charge in Georgia occurs when a person:

“Intentionally makes physical contact of an insulting or provoking nature with the person of another; or intentionally causes physical harm to another.”

As you can see, what constitutes Simple Battery covers a wide range of possible actions, most of which cause no serious bodily injury. With so many factors involved, only your legal counsel can help you accurately sort it out.

Simple Battery Charge in Georgia

Although some people believe the term “battery” indicates a violent crime, a Simple Battery charge in Georgia does not fit that description. Many people confuse this charge with those associated with a physical attack. There are three types of battery offenses: Simple Battery, Battery, and Aggravated Battery.

Since Simple Battery is often added to increase the weight of other charges, you should seek an attorney who is experienced defending against the charge with the greatest penalty. Depending on the details of your case, you may require counsel to defend against charges of aggravated assault in Georgia and battery.

The outcomes for Simple Battery in Georgia might consist of as much as one year jail time and a fine of approximately $1000. You may also be required to pay restitution to the victim. This compensates the victim for any expenses related to the offense, such as medical treatment or therapy.

If you are convicted, your lawyer may argue for a sentence of probation instead of prison. This is based on the level of bodily harm the individual sustained and is up to the judge’s discretion.

Simple Battery in Georgia Penalties for High or Aggravated Nature

There are particular circumstances in which the authorities will escalate your Simple Battery in Georgia charges to what the law calls “a misdemeanor of a high or aggravated nature.” A conviction for this can carry a one-year prison sentence and as much as $5,000 in fines.

Criminal offenses of this nature include the following victims:

• O.C.G.A. § 16-5-23(c) Pregnant female or 65 years or older

• O.C.G.A. § 16-5-23(d) Person in a public transit station or vehicle

• O.C.G.A. §16-5-23(e) Correction officer, police officer, or detention officer on the job

• O.C.G.A. § 16-5-23(f) Past or present spouse and others living in the household

• O.C.G.A. §16-5-23(h) Sports official on or exiting the sporting location

• O.C.G.A. § 16-5-23(i) Public school system employee on school property or engaged in official duties

According to GA Code Section §16-5-23(g), you face more serious charges if you are an employee at a long-term care facility like an assisted living community or nursing home, and the person you are accused of offending is a resident. Not only would you face Simple Battery charges, but you would likely lose your professional license and your job.