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        <title><![CDATA[Battery - Kohn & Yager]]></title>
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        <lastBuildDate>Mon, 25 May 2026 17:41:07 GMT</lastBuildDate>
        
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                <title><![CDATA[2026 Georgia Simple Battery Law | OCGA 16‑5‑23 Charges & Penalties]]></title>
                <link>https://www.georgiacriminaldefense.com/blog/georgia-simple-battery-law-ocga-16-5-23-criminal-charge/</link>
                <guid isPermaLink="true">https://www.georgiacriminaldefense.com/blog/georgia-simple-battery-law-ocga-16-5-23-criminal-charge/</guid>
                <dc:creator><![CDATA[Kohn & Yager]]></dc:creator>
                <pubDate>Sun, 28 Dec 2025 02:26:50 GMT</pubDate>
                
                    <category><![CDATA[Battery]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                
                
                
                <description><![CDATA[<p>By: Larry Kohn, a 28-Year Veteran of Courtrooms Across GA – Named a Super Lawyer 9 Years in a Row Under OCGA 16‑5‑23, a simple battery in Georgia means making physical contact that is insulting, provoking, or causes visible bodily harm. This guide explains Georgia simple battery penalties, what happens on a first offense, and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>By: <a href="https://www.georgiacriminaldefense.com/blog/atlanta-criminal-lawyer-the-ultimate-guide-to-criminal-defense-in-atlanta/">Larry Kohn</a>, a 28-Year Veteran of Courtrooms Across GA – Named a Super Lawyer 9 Years in a Row</p>
<p>Under OCGA 16‑5‑23, a simple battery in Georgia means making physical contact that is insulting, provoking, or causes visible bodily harm. This guide explains Georgia simple battery penalties, what happens on a first offense, and ways an experienced criminal defense attorney can fight a simple battery charge in GA.</p>
<div class="wp-block-image"><figure class="is-resized aligncenter"><img decoding="async" alt="GA Simple Battery Pre-Trial Diversion Program - Kohn & Yager" src="/static/2026/05/8a_Arrested-for-Simple-Battery-in-GA.jpg" style="width:332px;height:347px" /></figure></div><p></p>
 
<p>Often, a phone call to our office is for a family member of our client, seeking to obtain a bond for a simple battery (or similar) family violence case. In rare occasions, one of our attorneys must make a jail visit, but typically, the potential client has bonded out of jail.</p>
<h2 class="wp-block-heading">What Is The Legal Definition Of Simple Battery In Georgia?</h2>
<p>Under OCGA 16‑5‑23, a simple battery in Georgia happens when a person either intentionally makes physical contact of an insulting or provoking nature with another, or intentionally causes physical harm to another. In plain English, that can include anything from a shove, slap, or grab that leaves no lasting mark, to minor visible injuries that do not rise to the level of aggravated battery. For a deeper look at how Georgia distinguishes simple battery from more serious offenses, you can also review our guide to battery under Georgia law, which explains how judges, prosecutors, and police apply these definitions in real cases.</p>
<h2 class="wp-block-heading">What Are The Penalties For A First Offense Simple Battery In Georgia?</h2>
<p>Most first offense simple battery charges in Georgia are misdemeanors, carrying up to 12 months in jail, fines, probation, community service, and court‑ordered counseling. When the case is labeled as a family‑violence simple battery, or when the alleged victim is in a protected category such as a pregnant woman or certain public employees, sentencing can become more severe and may include no‑contact orders or long‑term family‑violence consequences. Beyond the criminal sentence, a simple battery conviction can affect employment, professional licensing, immigration status, and even future gun ownership, which is why it is critical to explore diversion, First Offender options, or other ways to avoid a permanent conviction when possible.</p>
<h2 class="wp-block-heading">Is Simple Battery A Misdemeanor Or A Felony In Georgia?</h2>
<p>Simple battery in Georgia is usually charged as a misdemeanor, but it can be treated much more harshly when certain aggravating factors are present. For example, repeat family‑violence simple battery convictions against the same victim, or cases involving protected classes of victims, can be elevated and punished more like serious felony‑level offenses. An experienced Georgia criminal defense lawyer can review your prior record, the alleged relationship between you and the complaining witness, and the exact charging language to determine whether the State is trying to stretch a simple battery allegation into something more serious than the facts support.</p>
<p>Many domestic violence clients arrested for simple battery want to know how to fight the OCGA 16-5-23 criminal charge. Our criminal law attorneys will honestly tell them that each GA simple battery family violence case is different. Some want to know how to read the language of the charge against them, which can be accessed here: The simple battery definition as found in OCGA Section 16-5-23 wording.</p>
<div class="wp-block-image"><figure class="is-resized aligncenter"><img decoding="async" alt="Atlanta simple battery lawyer Larry Kohn has over 600 AVVO 5-star reviews, and has been named a Super Lawyer 9 years in a row. Free consultation and payment plans." src="/static/2026/05/b6_Smyrna-1.jpg" style="width:940px;height:248px" /></figure></div><p></p>
<p>This article simple battery OCGA explains how a criminal defense attorney can handle a first offense simple battery charge. The attorney can work to have the charge dismissed, deferred, or reduced to a less serious offense. Below, we outline these methods on how to get simple battery charge dropped so you can learn about these possible solutions. In some cases, our client tells us that she or he was not the original aggressor and was in a self-defense situation.</p>
<h2 class="wp-block-heading">No Case Is Insignificant, So Fighting the Charges Is Important in 2026</h2>
<p>Any type of battery charge in Georgia for the crime of OCGA simple assault can have serious consequences for the accused person, even for first-time offenders. However, legal options exist by which our legal warriors can help avoid a conviction in many cases. This article delves into a battery charge in GA, most of which are family violence simple battery charges in GA.</p>
<div class="wp-block-image"><figure class="is-resized aligncenter"><img decoding="async" alt="Atlanta-Simple-Battery-Lawyers-Bubba-Head-and-Cory-Yager" src="/static/2026/05/97_Atlanta-Simple-Battery-Lawyers-Bubba-Head-and-Cory-Yager.jpg" style="width:624px;height:169px" /></figure></div><p></p>
<p>As with all criminal cases, our legal team must review all the evidence collected by the police. In 2025, this usually includes police body camera video evidence.<br />
In some cases, arrestees who are parents of children may have been involved in an altercation that took place inside the home in front of a child or where a child heard the ruckus. Such facts can also bring additional charges relating to a child hearing or seeing the altercation. That separate crime can also be punished for a misdemeanor conviction.</p>
<h2 class="wp-block-heading">When Serious Physical Harm Is Alleged, the Crime Is More Serious</h2>
<p>If serious physical harm has occurred, the person who commits that battery charge can face a misdemeanor of a high and aggravated nature. In such cases, that defendant shall be punished under O.C.G.A 17-10-4, which carries much harsher potential penalties, including up to 12 months in jail. Only then can our three criminal lawyers nearby decide if the simple battery charge in Georgia can be dropped. Our attorneys have over 93 years of collective how to beat a simple battery charge, so please understand that we will use that vast knowledge base to get the optimal outcome for you.</p>
<div class="wp-block-image"><figure class="is-resized aligncenter"><img decoding="async" alt="Atlanta domestic violence simple battery attorneys Larry Kohn, Bubba Head, and Cory Yager have over 95 years of experience representing good people arrested for simple battery and assault. Free consultation and payment plans." src="/static/2026/05/c9_95-collective-years-Kohn-Yager-Law.jpg" style="width:600px;height:635px" /></figure></div><p></p>
<h2 class="wp-block-heading">Possible Legal Defenses to Seek Dismissal or Other Dispositions</h2>
<p>Criminal defense attorneys can pursue several defense strategies that may lead to the dismissal of the GA charge for the simple battery accusation:</p>
<ul class="wp-block-list">
<li>
<ul class="wp-block-list">
<li>Self-Defense Arguments – Self defense is a common and often effective defense against simple battery charges. In Georgia, people can use reasonable force to protect themselves from immediate harm. If the attorney shows that the defendant acted to prevent harm, the court may drop the charges.</li>
<li>Lack of Intent Challenges – In Georgia, simple battery requires proof that the defendant meant to make insulting or harmful contact. A defense attorney can argue that the contact was accidental or not intended. This argument can weaken a key part of the charge.</li>
</ul>
<div class="wp-block-image"><figure class="is-resized aligncenter"><img decoding="async" alt="Simple battery GA attorney Cory Yager is an ex-cop who has handled hundreds of assault cases including domestic violence." src="/static/2026/05/c3_Simple-Battery-Attorneys-GA.jpg" style="width:624px;height:236px" /></figure></div><p></p>
<h2 class="wp-block-heading">Consent Defense</h2>
<p>If the defense can show that the alleged victim agreed to the physical contact, this can be a strong defense. Although rarely available, this approach allows your criminal lawyer to question whether a crime really happened or not.</p>
<h2 class="wp-block-heading">Mistaken Identity</h2>
<p>When identification is unclear, a lawyer can argue that the defendant was wrongly identified as the criminal. This defense questions the proof that the defendant was involved.</p>
<h2 class="wp-block-heading">Evidence Suppression</h2>
<p>Another strategy is to file a motion to suppress evidence. If the police broke the defendant’s rights during the investigation, the court may dismiss important evidence due to illegal entry without a warrant. This type of challenge to the constitutionality of the search can succeed if there was an illegal search. In such rare occurrences, the entire case may be dismissed by the judge.</p>
<h2 class="wp-block-heading">Various Pretrial Diversion Programs That May Be Acceptable</h2>
<p>Georgia laws can accommodate several pretrial diversion programs, some of which are ideally designed for first-time offenders:</p>
<p><strong>State-Authorized Diversion</strong><br />
The Code of Georgia, Section O.C.G.A. 15-18-80, empowers prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs. These programs offer an alternative to traditional prosecution for eligible offenders. Entry into these programs is at the discretion of the prosecuting attorney based on written guidelines that typically consider:</p>
<ul class="wp-block-list">
<li>The nature of the crime, based on the facts of the case</li>
<li>The prior arrest record of the offender</li>
<li>Notification and response of the victim</li>
</ul>
<p>Simple battery/simple assault cases (including family violence cases) are often eligible offenses for these programs. Successful completion results in dismissed charges.</p>
<h2 class="wp-block-heading">County-Specific Diversion Programs</h2>
<p>Each larger county or city in Georgia will often maintain its own alternative sentencing program, including DeKalb County, Cobb County, Fulton County, and Gwinnett County pretrial diversion programs. Program requirements generally include:</p>
<ul class="wp-block-list">
<li>Program fees</li>
<li>Substance abuse evaluation and any recommended treatment</li>
<li>Random drug and alcohol screenings</li>
<li>Community service</li>
<li>Restitution (if applicable)</li>
<li>Additional requirements determined by the assigned assistant solicitor general</li>
</ul>
<h2 class="wp-block-heading">How to Use the Georgia First Offender Act</h2>
<p>The Georgia First Offender Act provides another powerful option for first-time offenders, but (once used) can never be sought again in the future. To qualify for this program you must meet these strict elgibility requirements:</p>
<ul class="wp-block-list">
<li>The defendant must not have been previously convicted of a felony in Georgia or any other state</li>
<li>The person cannot have already been sentenced as a first offender in the Peach State</li>
<li>The crime must not be a serious violent felony, serious sexual offense, DUI, or be in any way related to child pornography</li>
<li>The presiding judge in the case must accept this special disposition for this accused person</li>
</ul>
<p>Under this act, eligible individuals can plead guilty or nolo contendere to a charge without receiving a conviction. After successfully completing all sentencing terms, the court dismisses the charge, and the defendant avoids having a permanent criminal record.</p>
<p>According to an official opinion from the Georgia Attorney General’s Office, the First Offender Act applies to both felony and misdemeanor offenses, making it applicable to simple battery charges.</p>
<div class="wp-block-image"><figure class="is-resized aligncenter"><img decoding="async" alt="Jail time is part of the conviction penalties for simple battery in Georgia. Avoid jail time and a permanent criminal record by calling criminal lawyer Atlanta Larry Kohn at (404) 567-5515. Free lawyer advice." src="/static/2026/05/e4_Simple-Battery-GA-Jail-Time.jpg" style="width:575px;height:389px" /></figure></div><p></p></li>
<li>
<h2 class="wp-block-heading">Plea Bargaining Strategies</h2>
<p>Plea negotiations conducted by your legal counsel may offer additional opportunities to resolve simple battery charges favorably. Below is a short list of the most common avenues that these discussions can take:</p>
<p><strong>Charge Reduction</strong><br />
Defense attorneys can negotiate to have charges reduced to less severe offenses. For example, a prosecutor may work with a battery defense lawyer to reduce a battery charge to disorderly conduct, which carries less severe penalties and social stigma.</p>
<p><strong>Sentence Negotiations</strong><br />
Alternatively, attorneys may focus on negotiating lighter sentences while accepting the original charge. This approach aims to minimize the punitive aspects of the case while acknowledging some responsibility.</p>
<p><strong>Conclusion and Offer of a NO-COST Initial Interview</strong></p>
<p>A first offense simple battery charge in Georgia does not inevitably lead to conviction and a permanent criminal record. Through skilled legal representation, defendants may pursue multiple pathways to potentially dismiss, defer, or reduce their charges. A criminal defense attorney can help with legal defenses, diversion programs, and plea agreements. They will guide you based on the details of your case.</p>
<div class="wp-block-image"><figure class="is-resized aligncenter"><img decoding="async" alt="Kohn & Yager criminal defense firm in Atlanta can be reached at (404) 567-5515 all day and all night including weekends. You get free lawyer advice and a free lawyer consultation. (404) 567-5515. Payment plans." src="/static/2026/05/73_24-Hour-Criminal-Law-Firm-Kohn-Yager.jpg" style="width:474px;height:252px" /></figure></div><p></p></li>
<li>
<h2 class="wp-block-heading">Criminal Lawyers Near Me for Georgia Battery Charges</h2>
<p>If you are facing any Battery charges in Georgia, let our skilled Atlanta criminal lawyers help you. Our award-winning legal book co-authors and Super Lawyers offer a FREE consultation. Partners Cory Yager and Larry Kohn have vast criminal law experience in cases like yours.</p>
<p>Together, they have over 96 years of defending people accused of crimes. This includes cases of various types of battery crimes, misdemeanor or felony, or assault type cases. If you think your charge might become a felony, don’t wait. The call is free, and the consultation is free. So, what are you waiting for? Call us at 404-567-5515.</p>
<p>DISCLAIMER AND PRIVACY POLICY<br />
The information you find on this website, including videos, images, and social media content, is not legal advice. It is not meant to be legal advice from a Georgia lawyer. This page aims to help you find legal information. You can learn the basics about any criminal offense or court case in Georgia. You can also search for attorneys near you for representation in Georgia.</p>
<p>It is a good idea to talk to a lawyer for legal advice about your situation. You should also get help from an experienced lawyer in your area.<br />
Our Georgia lawyers welcome you to visit our site. You can find answers to common questions. There are also charts, graphics, and explanations of legal terms related to Georgia laws. Then, call us today for your FREE lawyer consultation to learn about our legal services.</p>
<p>Our attorneys in Atlanta can meet with you in person or through a video call on your phone or computer. Our law group welcomes your emails, chat messages, phone calls, letters, and electronic mail. We want to help you with criminal defense when you reach out to us.</p>
<p>We have a strict privacy policy. If you do not hire one of our Georgia attorneys, our staff will shred your paperwork. Contacting us in any way does not create an attorney-client relationship. This relationship only starts when you sign a fee agreement and hire a legal professional from our team.</p>
<p>Please do not send any confidential information to our Georgia attorneys through this website. Wait until an attorney-client relationship is established and all terms of our retainer contract are agreed upon. If needed, clients can ask for a payment plan with our criminal justice attorney to pay legal fees.</p>
<p>Copyright 2026 by William C. Head. All rights reserved.</p></li>
</ul>
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                <title><![CDATA[Top Attorneys for Domestic Violence Laws in Georgia]]></title>
                <link>https://www.georgiacriminaldefense.com/blog/georgia-domestic-violence-law-attorneys-statewide-dv-cases-in-ga/</link>
                <guid isPermaLink="true">https://www.georgiacriminaldefense.com/blog/georgia-domestic-violence-law-attorneys-statewide-dv-cases-in-ga/</guid>
                <dc:creator><![CDATA[Kohn & Yager]]></dc:creator>
                <pubDate>Sun, 20 Jul 2025 15:38:11 GMT</pubDate>
                
                    <category><![CDATA[Battery]]></category>
                
                    <category><![CDATA[Sex Crimes]]></category>
                
                
                
                
                <description><![CDATA[<p>By: Award-winning Criminal Lawyers and Legal Book Co-Authors Cory Yager (a highest rated Martindale Battery Attorney Georgia and ex-police officer) and Larry Kohn, an AVVO Superstar Assault Lawyer Atlanta with nearly 600 5-Star Reviews Navigating the intricacies of these Georgia law domestic violence criminal charges can be overwhelming for victims and their families. It is&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><em>By:</em> Award-winning Criminal Lawyers and Legal Book Co-Authors <a href="/attorney-profiles-free-consultation-ga-criminal-lawyers/cory-yager/">Cory Yager</a> (a highest rated Martindale Battery Attorney Georgia and ex-police officer) and <a href="/attorney-profiles-free-consultation-ga-criminal-lawyers/larry-kohn/">Larry Kohn</a>, an AVVO Superstar Assault Lawyer Atlanta with nearly 600 5-Star Reviews</p>



<p>Navigating the intricacies of these Georgia law domestic violence criminal charges can be overwhelming for victims and their families. It is crucial to have a thorough grasp of the legal definitions and procedures needed in your case to effectively pursue justice and protection. Please schedule a free lawyer consultation near me with one of our best domestic violence lawyers in Georgia.</p>



<figure class="wp-block-embed alignfull is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio"><div class="wp-block-embed__wrapper">
<iframe loading="lazy" title="DeKalb County Domestic Violence Lawyer" width="500" height="281" src="https://www.youtube-nocookie.com/embed/Tp1ZFLQLKg8?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
</div></figure>



<p>Moreover, understanding these laws empowers individuals and communities to better support victims and contribute to fostering a safer environment for all. Many who are charged with violating domestic violence laws in GA are shocked to learn that such a simple battery charge can affect gun rights and possibly alter your ability to be with or see their children.</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/5f_domestic-violence-1.jpg" alt="Atlanta Simple Battery Lawyer Cory Yager is a former cop who was involved in hundreds of assault and battery arrests, including domestic violence. Call Cory at (404) 567-5515 to discuss your upcoming misdemeanor or felony case." style="width:625px;height:236px"/></figure>
</div>


<p></p>



<p>In addition, when a person intentionally causes physical harm to a person, an arrest for battery can follow. Even if no physical striking or other contact is made with that person, you will need an award-winning <a href="/practice-areas/domestic-violence-lawyer-atlanta-ga-dv-abuse-attorneys/">assault attorney Georgia</a>.</p>



<h2 class="wp-block-heading" id="h-breaking-down-the-various-ways-the-crimes-can-be-committed">Breaking Down the Various Ways the Crimes Can Be Committed</h2>



<p>State of Georgia domestic violence laws can apply to a variety of criminal acts occurring between family members or individuals presently (or previously) residing in the same household. These crimes can include offenses such as assault, battery (<em>i.e.,</em> intentionally makes physical contact with the victim), and stalking, among others.</p>



<p>There are several types of offenses categorized under domestic violence in Georgia. These include:</p>



<ul class="wp-block-list">
<li><strong><em>Simple Assault:</em></strong> This is when someone tries to hurt another person or makes them fear they will be hurt. It’s important to know that no physical contact is needed for a simple assault charge. This is key because it shows that fear and emotional harm can be just as serious as physical harm.</li>
</ul>



<p>Making contact of an insulting nature with a person that you previously or currently shared a residence with (<em>e.g.,</em> dorm room, apartment, house, etc.)</p>



<ul class="wp-block-list">
<li><strong><em>Simple Battery:</em></strong> This occurs when someone intentionally touches another person in a rude or upsetting manner. It can also involve causing physical harm to that person. This charge highlights the need to respect personal space and the seriousness of even small physical actions.</li>



<li><strong><em>Aggravated Assault: </em></strong>This is a serious crime. It involves an attack with the intent to murder, rape, or rob. It also includes using a deadly weapon.</li>
</ul>



<p>Using a deadly weapon or planning another crime can make the charges be boosted to a more serious felony. This shows the potential for greater harm.</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/9a_domestic-violence-2.jpg" alt="domestic-violence-2" style="width:600px;height:637px"/></figure>
</div>


<p></p>



<p>The term “family members” under the Georgia Code includes far more than being applicable to just your immediate relatives. It covers spouses, parents, children, and anyone who lives or used to live in the same home.</p>



<p>Call Atlanta assault and battery lawyers Larry Kohn and Cory Yager at (404) 567-5515 to set up a free lawyer consultation near me.</p>



<p>The inclusive definition of domestic relationships ensures legal protection for diverse household dynamics and at-risk individuals. The text outlines penalties for offenses, including fines or jail time, to ensure justice in sensitive cases.</p>



<ul class="wp-block-list">
<li><strong><em>Simple Assault and Battery:</em></strong> These are usually misdemeanors. They can lead to up to 12 months in jail or a fine of $1,000.</li>
</ul>



<p>Although they are less serious than felonies, these charges can still have major legal and personal effects. They also act as a warning to potential offenders.</p>



<p>Battery involves causing injury, while aggravated battery results in severe harm or disfigurement. These types of charges emphasize the severe impact of domestic violence.</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/6a_domestic-violence-3.jpg" alt="Our 3 domestic violence lawyers have written legal books that other Atlanta attorneys use to build a solid defense for their clients facing family violence, assault, and battery charges." style="width:550px;height:208px"/></figure>
</div>


<p></p>



<h2 class="wp-block-heading" id="h-punishments-for-felonies-or-misdemeanors">Punishments for Felonies or Misdemeanors</h2>



<p>Both aggravated assault and battery are serious crimes. Sentence length varies based on factors such as weapon use and the victim’s age. Penalties can include prison time of <strong><em>one to 20 years. </em></strong></p>



<p>These severe potential penalties show how serious the state is about these crimes. The Peach State is committed to protecting vulnerable people.</p>



<p>Victims of <a href="https://youtu.be/XB_SbIO2N7c" rel="noopener noreferrer" target="_blank">domestic violence can ask for a temporary restraining order (TRO)</a> to keep themselves safe. Restraining orders are important for victims, giving them quick protection and legal help during a tough time.</p>



<p>These orders can limit or stop contact between the victim and the accused. They create a legal barrier against further abuse that our Firm’s attorneys can handle for you. (y<a href="https://youtu.be/3E2I9n724B8" rel="noopener noreferrer" target="_blank"> en Espanol</a>.)</p>



<p>Georgia law offers extra protections for vulnerable groups, like the elderly disabled victims and minors. Crimes against these groups often have harsher penalties because they cannot fully protect themselves. This focus on vulnerability helps the law meet the specific needs and risks of these groups, giving them more safety.</p>



<p>In Atlanta, GA <a href="/practice-areas/domestic-violence-lawyer-atlanta-ga-dv-abuse-attorneys/">domestic violence cases</a> involve law enforcement investigations to gather evidence and determine charges. An arrest and charges follow when sufficient evidence exists, after a thorough examination of the facts and keeping in mind the protection of rights for all involved.</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/3d_domestic-violence-4.jpg" alt="Atlanta sex crimes lawyer Larry Kohn has handled thousands of criminal cases involving domestic violence between related people, simple battery, assault, and statutory rape. Larry has over 600 AVVO 5-star reviews." style="width:940px;height:248px"/></figure>
</div>


<p></p>



<p>In court, both the prosecution and defense are allowed to present evidence. The prosecution goes first and must show clear proof that the accused person did the crime.</p>



<p>If found guilty, sentencing will follow Georgia’s laws. The court will consider factors like past crimes or using a deadly weapon. The court’s job is to make sure justice is done. It must also keep the process fair for everyone involved.</p>



<p>It is important for both victims and accused people to get legal help. Our Firm’s lawyers can explain legal rights and guide them through the legal system.</p>



<p>They work to achieve the best outcome possible. Having legal representation is key to making sure both victims and the accused get a fair trial. It also helps protect their rights during the legal process.</p>



<p>Domestic violence can create many adverse effects for those accused. These incidents can harm not just the victims but also their family and the community in which they reside. It also can cause long-term mental health issues and disrupt family life.</p>



<p>This creates a fearful and unstable environment. The impact of domestic violence can reach beyond the family, affecting relationships and community bonds.</p>



<h2 class="wp-block-heading" id="h-speak-with-our-super-lawyers-in-your-free-initial-consultation">Speak with our Super Lawyers in your <em>FREE</em> Initial Consultation</h2>



<p>Seek immediate help if you or someone you know is accused of domestic violence. Be aware that physical contact is not a necessary “element” in all cases, if the conduct was an attempt to commit battery or was some act of an insulting or provoking nature.</p>



<p>Our attorneys were trained in criminal defense by legendary criminal attorney <a href="/attorney-profiles-free-consultation-ga-criminal-lawyers/william-c-head/">William C. Head</a>. One of the three attorneys usually will be available 16 to 18 hours a day. In addition, we also have a top-rated <strong><em>24 hour service</em></strong> that backs up our attorneys. So, dial <strong>404-567-5515 </strong>at any time, including weekends and holidays.</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/7b_domestic-violence-6.jpg" alt="Domestic Violence Lawyers are available 24 hours a day at (404) 567-5515. The call is free and the initial consultation is no charge. Kohn & Yager Law Firm." style="width:677px;height:209px"/></figure>
</div>


<p></p>



<p>This service takes any calls we miss. It helps us know about any assault case or battery arrest. We are notified of any charges related to domestic violence under Georgia laws.</p>



<p>Contact local authorities, lawyers, or support groups to ensure safety and get the help you need. Taking action protects the victim and helps stop the cycle of violence. This also creates a safer community for everyone. We offer free lawyer advice, and manageable payment plans.</p>
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                <title><![CDATA[What Is Battery Under Georgia Criminal Law?]]></title>
                <link>https://www.georgiacriminaldefense.com/blog/what-is-battery-under-georgia-law/</link>
                <guid isPermaLink="true">https://www.georgiacriminaldefense.com/blog/what-is-battery-under-georgia-law/</guid>
                <dc:creator><![CDATA[Kohn & Yager]]></dc:creator>
                <pubDate>Fri, 13 Jun 2025 14:28:38 GMT</pubDate>
                
                    <category><![CDATA[Battery]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                
                
                
                <description><![CDATA[<p>In Georgia, the crime of battery occurs when there is actual physical contact with another human being that causes harm to that person. Keep reading to learn the key differences between simple battery, aggravated battery&nbsp;and assault. Simple battery involves minor physical harm or offensive touching. Aggravated battery involves severe physical harm, disfigurement, or the loss&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><strong>In Georgia, the crime of battery occurs when there is actual physical contact with another human being that causes harm to that person. </strong>Keep reading to learn the key differences between <a href="/practice-areas/criminal-defense-attorney-near-me-atlanta-criminal-lawyer/assault-and-battery/simple-battery-ocga-16-5-23-definition/">simple battery</a>, aggravated battery&nbsp;and <a href="/locations/fulton-county/fulton-county-alpharetta/alpharetta-county-assault/">assault</a>. Simple battery involves minor physical harm or offensive touching. Aggravated battery involves severe physical harm, disfigurement, or the loss of a body part. And you can be arrested just for verbally threatening another individual under the criminal statute of assault or aggravated assault.</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/c9_95-collective-years-Kohn-Yager-Law.jpg" alt="GA battery lawyers Larry Kohn, Cory Yager, and Bubba Head have a combined 95 years of courtroom experience defending clients facing misdemeanor and felony battery charges, assault, or a domestic violence conviction." style="width:600px;height:635px"/></figure>
</div>


<p></p>



<h2 class="wp-block-heading" id="h-how-does-georgia-law-define-simple-battery">How Does Georgia Law Define Simple Battery?</h2>



<p>Under Georgia law, simple battery typically involves causing physical contact of an insulting or provoking nature, or intentionally causing visible bodily harm such as bruises, cuts, or swelling. Simple battery is when someone intentionally touches or harms another person in a disrespectful or provoking way. Battery charges may be elevated based on who the alleged victim is, where the incident happened, or whether there was visible injury. Understanding exactly how the officer and prosecutor classify your charge is the first step in building a defense, because the label controls your maximum penalties and potential collateral consequences.</p>



<p>Physical abuse can include actions like shoving, pushing, slapping, hitting, hair pulling, or any other form of offensive touching. These actions do not necessarily cause serious injury.</p>



<p>Penalties for simple battery include up to one year in jail and a fine of up to $1,000. Certain individuals, such as elderly or pregnant women, or public school employees, qualify as protected persons. Crimes committed against them may lead to harsher conviction punishments.</p>



<h2 class="wp-block-heading" id="h-what-is-aggravated-battery">What Is Aggravated Battery?</h2>



<p>Aggravated battery occurs when someone intentionally harms another person by removing or rendering a body part useless, or causing serious disfigurement. This type of battery involves severe physical harm inflicted on the victim. The perpetrator’s actions result in significant and lasting damage to the victim’s body.</p>



<p>Examples: Actions that cause serious harm like broken bones, major disfigurement, or injuries that make a body part unusable. This can include stabbing, shooting, or any other act that Georgia lawmakers classify aggravated battery as a felony. The penalties are significantly more severe, with imprisonment ranging from one to 20 years. If the victim is a protected individual, the minimum sentence can be higher, and additional fines may apply.</p>



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<p>Penalties for aggravated battery are more severe than for simple battery, with longer prison sentences and higher fines.</p>



<h2 class="wp-block-heading" id="h-what-s-the-difference-between-battery-and-assault">What’s the Difference Between Battery and Assault?</h2>



<p>Assault involves the threat or attempt to cause physical harm without actual contact. If another person threatens to hit you, this constitutes assault. A person can commit assault by causing another person to fear imminent bodily harm through actions or words.</p>



<p>Therefore, if another person hits you, it constitutes battery. If they only threaten to hit you, it constitutes assault. Both offenses are serious and can lead to legal consequences like fines and imprisonment.</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/3d_domestic-violence-4.jpg" alt="Atlanta battery lawyer Larry Kohn has handled thousands of criminal cases involving simple battery, aggravated battery, assault, and domestic vioilence. Larry has over 600 AVVO 5-star reviews. Free lawyer consultation. " style="width:940px;height:248px"/></figure>
</div>


<p></p>



<p>In Georgia, knowing the difference between assault and battery is important for understanding the legal consequences of violence. If you are unsure which charge you are facing, call our criminal lawyers to schedule a free consultation.</p>



<p>During our meeting, we will discuss the charges against you. We will also discuss how we plan to create the best defense for you. We are committed to working hard on your case.</p>



<p>Below we define what battery and assault are, and how they are different with different conviction penalties.</p>



<h2 class="wp-block-heading" id="h-what-s-the-difference-between-battery-and-aggravated-battery-in-georgia">What’s the Difference Between Battery and Aggravated Battery in Georgia?</h2>



<p>Aggravated battery is charged when the State claims you maliciously caused serious disfigurement, loss of a limb, or loss of use of a body part. This kind of charge is a serious felony that can carry years in prison, far beyond what a simple misdemeanor battery involves. Your lawyer will closely examine medical records, photos, and witness statements to challenge whether the alleged injuries truly meet Georgia’s definition of “serious” harm.</p>



<h2 class="wp-block-heading" id="h-will-i-go-to-jail-for-a-first-battery-charge-in-georgia">Will I Go to Jail for a First Battery Charge in Georgia?</h2>



<p>Many first-time battery charges are filed as misdemeanors, which technically carry up to 12 months in jail, plus fines and probation. In practice, a skilled criminal defense lawyer can often negotiate probation, anger-management classes, or a family-violence intervention program instead of actual jail time for a first offense. The judge’s final decision will depend on your criminal history, the facts of the incident, and whether the alleged victim supports or opposes a harsh sentence.</p>



<h2 class="wp-block-heading" id="h-can-a-family-or-domestic-dispute-turn-into-a-battery-case-in-georgia">Can a Family or Domestic Dispute Turn Into a Battery Case in Georgia?</h2>



<p>Arguments between spouses, partners, roommates, and family members frequently lead to battery or simple battery charges, even when nobody intended to involve the police. Once law enforcement responds, officers often make an arrest to “separate” the parties and let the court system sort out what really happened. A domestic battery conviction can bring special consequences, including firearm restrictions and mandatory counseling, so these <a href="https://www.georgiacriminaldefense.com/blog/georgia-fv-assault-simple-assault-battery-simple-battery/">domestic violence</a> cases must be handled very carefully.</p>



<h2 class="wp-block-heading" id="h-are-there-defenses-if-i-was-acting-in-self-defense">Are There Defenses If I Was Acting in Self-Defense?</h2>



<p>Georgia law allows you to use reasonable force to defend yourself or another person from an imminent attack, but the State rarely accepts self-defense at face value. Your lawyer may gather witness statements, medical records, 911 recordings, and photos showing your own injuries to support a self-defense theory. Demonstrating that you were the person trying to retreat, de-escalate, or protect a child or vulnerable person can be powerful evidence in front of a judge or jury.</p>



<h2 class="wp-block-heading" id="h-more-facts-about-this-criminal-offense">More Facts About This Criminal Offense</h2>



<ul class="wp-block-list">
<li>Repeat Offenses: A second conviction for battery against the same victim can result in a minimum of ten days to 12 months in jail, and a third or subsequent conviction can be classified as a felony with one to five years of imprisonment.</li>



<li>Restitution means the defendant has to pay the victim for things like medical treatment or counseling. This is ordered by the courts. It is to compensate the victim for expenses related to the crime.</li>



<li>If you break the law, the court can give you probation, community service, house arrest, or counseling. You may also face jail time and fines.</li>
</ul>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/c2_Smyrna-5.jpg" alt="Atlanta criminal defense law firm Kohn & Yager is a 24 hour criminal defense law firm who will defend you against battery and assault charges s in Georgia. Free lawyer consultation near me at (404) 567-5515." style="width:521px;height:244px"/></figure>
</div>


<p></p>



<p>In Georgia, the consequences for a battery conviction can vary. Simple battery may result in minor penalties, while aggravated battery can lead to long-term imprisonment and hefty fines. The specific circumstances of the offense and the victim’s status can significantly influence the severity of the penalties.</p>



<p>Call (404) 567-5515 and ask for Larry Kohn or Cory Yager. Each attorney is highly rated and has thousands of criminal cases under their belt. Cory is a former police officer on the Roswell GA police force and the Cobb County police department. His law enforcement experience gives Cory an advantage over most Atlanta criminal defense lawyers who aren’t experts on police investigative work, and proper arrest procedures.</p>



<p>Criminal defense attorneys look for errors made by the arresting officer in an effort to get certain evidence excluded, which can result in a reduced criminal charge or complete case dismissal. Ask for attorney Larry Kohn and schedule your free lawyer case review near me. Larry graduated from Emory Law School in Atlanta and has worked for the same law firm for almost 30 years. He has earned over 600 5-star reviews from the lawyer rating service AVVO.</p>
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            <item>
                <title><![CDATA[Domestic Violence Lawyer: Fv Battery, Fv Assault in Georgia]]></title>
                <link>https://www.georgiacriminaldefense.com/blog/georgia-fv-assault-simple-assault-battery-simple-battery/</link>
                <guid isPermaLink="true">https://www.georgiacriminaldefense.com/blog/georgia-fv-assault-simple-assault-battery-simple-battery/</guid>
                <dc:creator><![CDATA[Kohn & Yager]]></dc:creator>
                <pubDate>Wed, 08 Mar 2023 03:18:33 GMT</pubDate>
                
                    <category><![CDATA[Battery]]></category>
                
                    <category><![CDATA[Criminal Defense]]></category>
                
                
                
                
                <description><![CDATA[<p>This article discusses a crime known (alternatively) as domestic violence (DV) or family violence (FV) in Georgia. All crimes in the Peach State are codified in the Official Code of Georgia Annotated or OCGA for short. OCGA Assault and Simple Assault: Assault is placing someone in fear of apprehension or bodily harm. OGCA simple assault,&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>This article discusses a crime known (alternatively) as domestic violence (DV) or family violence (FV) in Georgia. All crimes in the Peach State are codified in the Official Code of Georgia Annotated or <strong>OCGA </strong>for short.</p>



<p><em>OCGA Assault and Simple Assault: </em>Assault is placing someone in fear of apprehension or bodily harm. OGCA simple assault, a misdemeanor, occurs when some touching or contact took place but no cut, bruise or internal damage to the “victim” took place. OCGA simple assault is handled by Georgia’s misdemeanor-level courts, like the State Court of Fulton County.</p>



<p><em>OCGA Battery and Simple Battery: </em>Battery is touching, hitting, or striking another person. A <a href="https://www.georgiacriminaldefense.com/blog/what-is-battery-under-georgia-law/">battery charge in Georgia</a> has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img decoding="async" src="/static/2026/05/f6_Picture1-2-300x215-1.jpg" alt="Domestic Violence Crimes Georgia law firm Kohn & Yager represent clients accused of FV crimes." style="width:435px;height:312px"/></figure>
</div>


<p></p>



<p>Recently enacted Georgia <a href="/practice-areas/domestic-violence-lawyer-atlanta-ga-dv-abuse-attorneys/">domestic violence laws</a> (in 2010, 2015, and 2016) define family violence as being certain types of criminal acts between people occupying a household together, which usually occurs with one or more domestic partners who are family members. The possible penalties for crimes within that residence (or between those who formerly cohabited) are written in a way to punish more harshly than if two strangers got into a fistfight or public, verbal altercation.</p>



<p>While criminal defense is the central focus of the domestic violence Georgia law firm representing you, family law issues are also prominent in these cases (e.g., separation, divorce, etc.) When a judge feels that he or she must do something to “send a message,” he or she may sentence violent offenders to a year in jail.</p>



<h2 class="wp-block-heading" id="h-these-kinds-of-crimes-and-conduct-may-result-in-georgia-domestic-violence-charges">These Kinds of Crimes and Conduct May Result in Georgia Domestic Violence Charges </h2>



<p>The legal definition of various <a href="/practice-areas/criminal-defense-attorney-near-me-atlanta-criminal-lawyer/assault-and-battery/">assault</a>, battery and trespass crimes varies from state to state. Georgia battery and assault crimes are defined and written by the Georgia Legislature. Laws in the Peach State identify these three distinct levels (shown from highest risk to lowest) of likely harm or a fatal ending:</p>



<p>OCGA Aggravated Assault Georgia or OCGA Aggravated Battery</p>



<p>Assault or Battery</p>



<p>Simple Assault or Simple Battery Georgia</p>


<div class="wp-block-image">
<figure class="aligncenter is-resized"><img decoding="async" src="/static/2026/05/fe_9-Super-Lawyers-90-Years.jpg" alt="Domestic Violence DV Lawyer Larry Kohn, Cory Yager, and Bubba Head handle assault and battery cases." style="width:501px;height:531px"/></figure>
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<p></p>



<h2 class="wp-block-heading" id="h-examples-of-georgia-family-violence-act-cases-that-our-law-firm-defended">Examples of Georgia Family Violence Act Cases That Our Law Firm Defended</h2>



<p>Non-compliance of a Judge’s “no contact order Georgia,” by texting a high school age child</p>



<p>Going back into the house of the wife (without her being present and without her permission) to get his possessions and committing OCGA Criminal Trespass</p>



<p>Screaming obscenities and threats to the mother of children who are in the adjacent room, and committing simple assault GA</p>



<p>Discharging a firearm against persons without legal justification, and committing aggravated assault OCGA</p>



<p>Using an object, device, or instrument offensively against a person which could be a deadly weapon (e.g., golf club or a tennis racquet)</p>



<p>Driving a motor vehicle toward a person to intimidate and frighten her about the risk of bodily harm</p>



<p>Taking steps that indicate aggravated assault with intent to murder the other person</p>



<p>Engaging in conduct and actions (words) that indicated an intent to rape</p>



<p>A person does not have to strike another or make physical contact. Simple assault can be an exchange of words that (to a reasonable person) would communicate a belief that a bodily injury is <em>about to occur.</em> Domestic violence is the same conduct as an assault, but the <em>family-related </em>crime is defined as occurring between members of the same domestic abode or household.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img decoding="async" src="/static/2026/05/2e_Picture2-1-198x300-1.jpg" alt="Georgia family violence law stipulates domestic violence means the two parties live together, or previously lived together." style="width:283px;height:429px"/></figure>
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<p></p>



<p>For example, a person could have an argument with their girlfriend. If they do not live together, it may not be a big deal. However, if they lived together at one time, it is a bigger deal according to the justice system. The key to what determines domestic violence is the word domestic.</p>



<p>The individuals involved must be people in the same household (at the present time or having lived together in the past).</p>



<h2 class="wp-block-heading" id="h-how-much-jail-time-for-crimes-involving-domestic-violence">How Much Jail Time for Crimes Involving Domestic Violence?</h2>



<p>Like most crimes, repeat offenders are treated more harshly than a person facing a domestic violence first offense. For example, the crime of family violence battery in Georgia under O.C.G.A. 16-5-23.1 (f)(1) addresses this misdemeanor situation.</p>



<p>That 1st offense is a simple misdemeanor offense that carries a maximum jail penalty of up to 12 months, plus a $1,000 fine. A person’s 2nd (or subsequent) conviction involving the same victim or involving another family member will result in a felony offense that carries up to a maximum penalty of five (5) years in state prison.</p>



<p>Some crimes, on a 1st offense, can lead to lengthy prison time. For example, an aggravated assault Georgia first offender that constitutes the aggravated sexual assault (rape) of a child under age 14 carries a minimum of 25 and maximum of 50 years in State prison.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img decoding="async" src="/static/2026/05/41_Picture6-300x180-1.jpg" alt="A person convicted of domestic violence in GA faces jail time for both misdemeanor family violence and felony DV." style="width:507px;height:304px"/></figure>
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<p></p>



<p>Conversely, a domestic violence felony charge can be a career-ender. Of course, our law office has dealt with false allegations of family violence before. In addition, in some cases our client has a good self-defense family violence issue.</p>



<p>Call today for immediate help before being taken to jail, if possible. In come counties, like Fulton County GA, a Fulton County restraining order may be put into place before you can contact a private lawyer to represent you. Under the excuse of clearing out inmates due to COVID-19, a public defender may be assigned as your DV lawyer to “represent” you, without knowing much (if anything) about you or your possible defenses.</p>



<p>Our metro Atlanta area <a href="https://www.georgiacriminaldefense.com/blog/georgia-fv-assault-simple-assault-battery-simple-battery/">domestic violence attorneys near me</a> answer calls 24-7. Dial <strong>404-567-5515</strong>, and the answering service will locate whichever DV lawyer is on duty. Our law firm provides a <strong>FREE</strong> lawyer consultation by phone call or virtual meeting <em>via</em> phone or computer, or by you coming to our office and practicing social distancing.</p>


<div class="wp-block-image">
<figure class="aligncenter size-large is-resized"><img decoding="async" src="/static/2026/05/c6_Picture5-300x93-1.jpg" alt="GA DV and FV Lawyers in GA offer free lawyer consultations " style="width:599px;height:186px"/></figure>
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