Articles Posted in Battery

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 ways an experienced criminal defense attorney can fight a simple battery charge in GA.

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.

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 and assault. 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.

How Does Georgia Law Define Simple Battery?

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.

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, 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.

OCGA Battery and Simple Battery: Battery is touching, hitting, or striking another person. A battery charge in Georgia has a misdemeanor component called OCGA simple battery or a “simple battery charge” in Georgia.