What is a Simple Battery? (O.C.G.A. § 16-5-23)

Are you aware that this type of charge is treated as physical crimes or a violent physical crimes?

You need the help of an experienced and trained criminal defense law firm to help you with these charges of Battery or Simple Battery. Many people don’t realize that these charges, which are considered can affect the rest of their life. A conviction with these charges will now be a part of your criminal history and will be seen when you try to rent a house, apply for a loan of any type, get a promotion at work, or try to obtain new employment. An experienced criminal defense attorney can help you control how this charge is treated both in court and how it will affect your future.

The State of Georgia (by legislature or court) refers to these crimes as Crimes Against the Person or Crimes Against People.

Many Claims of Battery are serious and no one should deminize anyone’s experience. However, occasions arise where someone, in an argument, will call the police to solve a problem between the two of them, which almost always results in an arrest (even though it was just a misunderstanding between the parties).

There are multiple ways that the state (or prosecutor) can charge someone with Battery. A review of the Georgia Statutes show that you can be charged under Simple Battery or Aggravated Battery.

The difference between an Battery, Simple Battery and Aggravated Battery will depend on the facts of the case. In all charges, any charge will involve attempting to strike someone, in any manner, and making contact (no matter how small, even a slap can be treated and qualified under this statute).

The Georgia legislature defines and evaluates a Simple Battery (O.C.G.A. § 16-5-23) as follows:

When a person makes contact with another person or intentionally causes harm to someone.

Under this code section the charge is a misdemeanor. This means, generally that this charge cannot carry more than 1 year in jail and/or a fine of up to $1,000.00. The overall toll, or effect, that it carries involves more than just misdemeanor consequences however.

There are additional situations which can cause this type of charge to be elevated in nature which would make the charge of a “high and aggravated misdemeanor.”

Those particular situations involve:

  1. You are charged with someone who is 65 or older or against a pregnant female;
  2. You are charged in a public transit vehicle (such as MARTA (Metro Atlanta Rapid Transit Authority), Gwinnett Transit Authority (GTA) or Cobb Transit Authority, (CTA)). These vehicles, or transit vehicles, include buses, vans, rail cars or any other form of transportation that receives a subsidy from tax revenues or operated under contracts with the counties or municipalities of the state;
  3. You are charged AND you are either a past or present spouse (husband and/or wife), are a parent of the same child, children, step parent or step child, foster parent or foster children;
  4. You are charged against an employee of a public school system of this state and they are on their official duties or on school property (including the bus and bus stop)
  5. You are charged against a correction officer;
  6. You are charged against a healthcare worker or assisted nursing care;
  7. You are charged against a sportscaster or sports official;


You need the help of an experienced Criminal Defense Attorney to help you with these charges. Many people don’t realize that Simple Battery charges, which are considered a physical crime or violent physical crime, can affect the rest of their life. It would now be a part of your criminal history when you apply to rent a home, get a home loan, and even promotions at your job OR even getting a new job, not to mention applying to colleges. This charge can follow you for the rest of your life and cause issues every time it “pops up.” An experienced Simple Battery criminal defense attorney can help you fight and control how this Simple Battery charge affects you in court and your future. As former prosecutors, our Simple Battery criminal defense lawyers know and understand that the prosecution, or in almost every case – team of prosecutors, are highly skilled and trained to obtain and try to get a conviction on your case. That means it’s time to hire an experienced attorney that knows how to evaluate both sides of the case.Our team of Lawyers are former prosecutors and know how to mount a proper defense for your charges.

Being charged with Simple Battery or any criminal offense does not mean that you have to accept guilt, it means that you need help from a experienced attorney to mount a proper defense.

Our offices have a 24 hour response line (404-445-8494) and someone is available to answer your call and help. Call us now for a free case evaluation.