As a leading criminal defense law firm in Georgia, our battery defense attorney has helped countless clients navigate their criminal charges and avoid conviction. If you have been charged with a violent crime, time is of the essence. Contact our law office today to secure top-tier representation.
When most people hear about battery charges, they picture an overtly violent incident. The reality, however, is that battery charges are rarely as straightforward as they seem. In many battery cases, the alleged perpetrator has no intention to cause bodily harm. Their actions could have even been accidental or resulted from a misunderstanding. Unfortunately, many times those facts won’t stop them from being prosecuted to the full extent of the law in Georgia.
Georgia treats all violent crimes, including simple battery, very seriously. A conviction can result in a wide range of life-altering legal penalties, including jail time, fines, and attendance in court-mandated programs. The indirect consequences can be just as severe. These type of convictions can severely damage an individual’s personal, social, and professional life and reputation.
If you have been accused of simple battery in Georgia, your future hangs in the balance. The best way to avoid conviction and the penalties that come with it is by partnering with an experienced criminal defense lawyer as soon as you can. Fortunately, you don’t have to look too far: Joseph Williams Law is here to help.
This article will explain everything you need to know about simple battery charges in Georgia, including the legal definition, potential penalties, legal defense strategies, and more.
What Is Considered Simple Battery in Georgia?
According to Georgia Code § 16-5-23, the crime of simple battery refers to intentionally making physical contact with another person in an insulting or provoking nature or causing physical harm to another person. Although simple battery is considered less severe than aggravated battery, it still carries the potential for harsh legal penalties.
Here are a few examples of simple battery, according to Georgia law:
- Shoving someone during a heated argument
- Slapping, hitting, or punching someone without causing a serious physical injury
- Spitting on another person
- Making unwanted physical contact that is insulting or provoking
As you can see, many different types of actions can result in simple battery charges even if there is no physical harm. If you need help understanding your charges, the best way to get clarity is by seeking legal advice from a simple battery lawyer.
Penalties for a Simple Battery Conviction
As with most violent crimes, the penalties associated with a simple battery conviction depend heavily on the circumstances of the incident. The penalties also depend on whether the accused individual has prior convictions. Here are a few of the possible penalties for conviction under Georgia’s criminal law:
- Misdemeanor offense. In most cases, simple battery is a misdemeanor charge. A misdemeanor conviction is punishable by up to one year of jail time, up to $1,000 in fines, probation, community service, and court-imposed counseling or anger management.
- Simple battery as family violence. In the context of domestic violence, simple battery is generally still charged as a misdemeanor and has the same penalties. However, it may result in additional restrictions and more severe penalties.
- High and aggravated misdemeanor battery. If the incident involves specific victims of a protected class or other aggravating factors, such as serious bodily injury or use of a deadly weapon, it may come with enhanced penalties, including prison time and hefty fines.
- Repeat offenses. Individuals with prior convictions for simple battery or related violent offenses may be subject to harsher penalties, including longer jail sentences and higher fines.
A simple battery conviction goes on your permanent criminal record. This can lead to challenges securing employment and housing. Additionally, some convictions for violence against a family member can result in firearm restrictions under both state and federal laws. To avoid conviction, enhanced penalties, and other adverse outcomes, it’s essential to work closely with an experienced attorney.
Common Defenses to Simple Battery
When it comes to defending against simple battery charges, there is no one-size-fits-all strategy. The best approach for you will depend on the specific details of your case, as well as whether or not you have prior convictions. That being said, there are several effective legal arguments that we might be able to make on your behalf, including the following:
- Self-defense. You acted in self-defense, exercising reasonable force to protect yourself from imminent harm.
- Defense of others. Similarly, you exercised reasonable use of force in an altercation to protect another person from imminent harm.
- Defense of property. You used reasonable force that was not excessive to prevent your property from being damaged or stolen.
- Lack of intent. You had no intention to make physical contact with the alleged victim, or you made contact without any intention of insulting or provoking them.
- Mutual combat or consent. You had the alleged victim’s consent to make physical contact.
- False accusation. Your simple battery charge is the result of a false accusation or motivated by jealousy, revenge, or similar reasons.
- Alibi. You were not at the scene of the alleged battery when it occurred, as evidenced by a strong alibi.
- Mistaken identity. You have been mistakenly identified as the perpetrator.
- Police officer misconduct. Law enforcement violated your constitutional rights during or after your arrest for simple battery, and their evidence against you should be thrown out.
- No duty to retreat. You were exercising your rights under Georgia’s “Stand Your Ground” law and used force to defend yourself against an aggressor.
These are just a few of the many legal defenses we may be able to present on your behalf. After a thorough review of your case, we will design a custom-tailored defense that gives you the best possible chance of avoiding conviction.
Joseph Williams Law: Top Criminal Defense Attorney in Statesboro, GA
If you’ve been accused of simple battery in Georgia, you are in a world of legal trouble. A conviction could negatively impact your life for long after you’ve served your time and paid your fines. The best way to protect your future is by avoiding conviction. Luckily, you don’t have to do it alone: Joseph Williams Law is here to help.
As a leading criminal defense lawyer in Georgia, we have the years of experience, resources, and expertise needed to build a robust defense for your freedom. When you are ready to mount an aggressive legal defense to clear your name and move on with your life, our legal advocate is here to make it happen. Schedule an appointment to get started today.