One of the things about a simple battery in Georgia is that you don't know what it is. Many believe that batteries must be bruised, have blood, or be severely damaged. This is not the case in Georgia. Being arrested, charged and convicted of simple battery for spitting in an argument. No bruises. No blood. No hospital visit. Just saliva. And the repercussions can be dire.
At Downie Law, LLC, we have been able to assist numerous clients in comprehending the basic battery definition under Georgia law. What to know:
A person commits simple battery if he or she makes an insulting or provoking physical contact with another person or intentionally inflicts physical harm. Spitting is one of the most common acts that can be insulted or provoked. Do not cause any injury. It's enough to be an act.
Most people won't realize that the simple battery's meaning is larger than it needs to be. A push, a shove, spitting, and grabbing someone's arm – all may apply. There is no need of any injury.
Punching, kicking, spitting, throwing something at someone that they hit, pushing, shoving, pulling hair, or any other type of touching that is intended to cause some form of insult or provocation. Contact with a simple battery in Georgia does not necessarily mean it has to be painful or injurious. It only takes a provocation or insult.
A prosecutor may charge you in violation of 16 5 23.1 for spitting at someone during an argument. But it's the code section for a simple battery. But this is the code section for a simple battery.
It is important to be aware of the difference between battery and aggravated battery. Minor contact, insulting or provoking, or causing minor harm is simple battery. Aggravated battery means seriously disfiguring, losing a limb or organ or using a deadly weapon.
It is a misdemeanour to use simple battery. The penalties for aggravated battery are much more severe.
Is battery a misdemeanor or a felony? In Georgia, a simple battery is a misdemeanor of a high and aggravated nature. That’s the most serious level of misdemeanor. It includes up to one year of prison time, up to $5,000 in fines, probation, community service and required anger management classes.
The effects are even worse if the act is related to family violence. The simple battery conviction of a family member can result in a loss of the right to possess a gun and impact child custody.
Aggravated battery is a felony with prison time and loss of civil rights.
Many people are shocked to learn that spitting on someone is a crime. It feels minor. It does not leave any physical trace. However, it is considered an insulting and provoking physical contact in the eyes of the law. Does not respect the dignity of another person and may spread disease. It is a serious matter for prosecutors.
Spitting on another person is considered Simple Battery in Georgia. The penalties are the same as if you had thrown a punch.
If you are facing a simple battery charge for spitting, do not think that it will simply vanish. The prosecutor can still go ahead with the case, particularly if anyone was a witness or there was video.
First: Don't talk about the incident. Not to the other person. Not to the cops without a counselor. Not on social media.
Second, preserve evidence. Take notes on what happened as you recall. If there are witnesses, get their contact information. Don't ask for security footage unless it is requested from you before it is deleted.
Third, seek the advice of a lawyer right away. If you are convicted of a Simple Battery in Georgia, it will forever be on your criminal record. It may also impact work, housing, and professional licensing.
Deliberately making an insulting or provoking touch or deliberately causing physical harm. There is no need for any injury to occur.
A simple battery is a very serious crime. Aggravated battery is a felony offense.
Minor contact or minor harm is simple battery. Aggravated battery is serious disfigurement, loss of a limb or organ, or when a deadly weapon is used.
Push, shove, slap, spit, grab, throw an object that hits another person, pull hair, and insult or provoke someone by touching them physically.
Yes. This can have serious repercussions and a criminal record will impact your future.
Spitting on someone in an argument is a relatively harmless act, but in the eyes of Georgia criminal law, it's also a crime. Spitting is part of the simple battery definition as it's insulting or provoking physical contact. Do not cause bruises or blood to be charged.
The distinction between battery and aggravated battery is very marked, and simple battery has much heavier penalties. Should battery be a misdemeanor or a felony? Simple Battery is a high and aggravated misdemeanor and should not be taken lightly.
When dealing with Simple Battery charges in the state of Georgia, do not go through it by yourself. Call Downie Law, LLC today to speak with an attorney in private. Let's defend your rights and your record.