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Simple Battery

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

Have you been charged with a Battery or Simple Battery? Are you aware that they are 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 type of Battery charge will involve attempting to strike someone, in any manner, and making contact (no matter how small, even a slap can be treated as a battery).

The Georgia legislature defines and evaluates a Simple Battery (O.C.G.A. § 3) as follows:

Simple Battery occurs when a person makes contact with another person or intentionally causes harm to someone.

Under this code section Simple Battery 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 Battery or Simple Battery on someone who is 65 or older or against a pregnant female;
  2. You are charged with the assault (or simple assault) 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 with the offense of Battery (or Simple Battery) 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 with Battery (or Simple Battery) 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 with Battery (or Simple Battery) against a correction officer;
  6. You are charged with Battery ( or Simple Battery) against a healthcare worker or assisted nursing care;
  7. You are charged with Battery ( or Simple Battery) against a sportscaster or sports official;

CAN'T I GIVE A DEFENSE TO THESE CHARGES?

You need the help of an experienced Criminal Defense Attorney to help you with the charges of Battery or Simple Battery. Many people don't realize that these 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 criminal defense attorney can help you fight and control how this charge affects you in court and your future. As former prosecutors, our 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 criminal defense attorney that knows how to evaluate both sides of the case.Our team of Criminal Defense Lawyers are former prosecutors and know how to mount a proper defense for your charge of Battery, Simple Battery or Aggravated Battery.

Being charged with 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.

Call us today for your free consultation at 404-445-8494.

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