Georgia Criminal Defense Lawyer Blog
In Georgia the crime of battery occurs when there is actual physical contact with another human being that causes harm to that person. If another person hits you, it constitutes battery. If they only threaten to hit you, it constitutes assault. The crime involves intentionally causing substantial physical injuries or visible bodily harm to another person. The severity of a battery charge in GA is determined by the level of harm caused and the circumstances.
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.
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.
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.
What Is Aggravated Battery?
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.
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.
Penalties for aggravated battery are more severe than for simple battery, with longer prison sentences and higher fines.
What’s the Difference Between Battery and Assault?
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.
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.
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.
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.
Below we define what battery and assault are, and how they are different with different conviction penalties.
What’s the Difference Between Battery and Aggravated Battery in Georgia?
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.
Will I Go to Jail for a First Battery Charge in Georgia?
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.
Can a Family or Domestic Dispute Turn Into a Battery Case in Georgia?
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 domestic violence cases must be handled very carefully.
Are There Defenses If I Was Acting in Self-Defense?
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.
More Facts About This Criminal Offense
- 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.
- 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.
- 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.
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.
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.
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.