Article provided by: Kohn & Yager, LLC
Battery is one of the most frequently charged crimes in Georgia, and simple battery is the least severe type of battery. According to Georgia Code Title 16-5-23, simple battery is defined as ‘intentionally making physical contact of an insulting or provoking nature with another person OR intentionally causing physical harm to another.’ More often than not, simple battery charges are tried as a misdemeanor, and the penalty is a prison term of up to 1 year and fines up to $1000.
Are all simple batteries the same?
No, all simple battery charges are not the same. Under certain conditions, a simple battery offense may be sentenced as a high and aggravated misdemeanor. Such circumstances include:
- When the victim is 65 years or older;
- When the victim is a pregnant female;
- When the victim is in a public station or transit vehicle;
- When the victim is a family member;
- When the victim is a corrections officer, detention officer, or police officer and is engaged in official duties;
- When the victim is a sports official;
- When the victim is a school official on school property
- When the victim is an employee of an assisted living community, personal care home, long-term care facility, or home healthcare or hospice organization; and the perpetrator is receiving care from the said organization.
The penalty is typically more severe in the circumstances highlighted above. Furthermore, repeat offenders or persons with a previous conviction may also get a more severe sentence.
What is the punishment for battery crimes in Georgia?
When tried as a misdemeanor, simple battery attracts a jail term of up to 1 year and fines up to $1000. If the charge is escalated to a high and aggravated misdemeanor, the penalty for conviction is up to 12 months of jail time and a fine of up to $5,000.
Why do you need an attorney for a simple battery charge?
Many people treat simple battery in Georgia with levity because it’s no more than a misdemeanor offense. However, a lot of them end up regretting the decision. If you’re convicted of the crime, it will remain on your criminal record and significantly impact your future.
If you hire a competent Georgia battery attorney, they can help you secure a dismissal or advise you on the best possible outcomes. For example, you may be eligible for a first offender or pretrial diversion program to keep your record clean.
Get in touch with the leading criminal lawyers in Georgia
Are you or anyone you know currently facing a simple battery charge? Do not hesitate to contact Kohn and Yager, Georgia’s foremost criminal defense lawyers, immediately. Call us for a free consultation on any of the following numbers: Sandy Springs Office/404) 567-5515, Downtown Atlanta/(404) 567-5515, Marietta Office/(770) 629-8620, Alpharetta Office/770) 629-9614.