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, this constitutes battery under Georgia law. 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, and aggravated battery. Simple battery involves minor physical harm or offensive touching. Aggravated battery involves severe physical harm, disfigurement, or the loss of a body part.
What Is Simple Battery in GA?
Simple battery is when someone intentionally touches or harms another person in a disrespectful or provoking way.
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 post-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.
Assault: This 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 law 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.
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. This enforcement experience makes Cory a very effective cross examinar when the arresting officer takes the stand.
Criminal defense attorneys look for errors made by the arresting officer in an effort to get cerain evidence excluded, which can result in a reduced criminal charge or complete case dismissal. Ask for attorney Larruy 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 over 27 years. He has earned over 600 5-star reviews from the lawyer rating service AVVO.