You're in a conflict. Things get heated. You push someone. You grab their arm. You spit on them. No sign or trace is left behind. They are not hurt. You believe that it is finished. You do not believe that there was any harm done.
Next, the cops arrive. You are arrested. You are charged with Simple Battery in Georgia. You are confused.
How can you get arrested for a crime without there being any injuries? No marks. No bruises. No blood.
In Georgia, simple battery does not require any damage to be charged. The law is broad. It encompasses more than is generally thought.
We have assisted numerous individuals in comprehending their rights and choices at Downie Law, LLC. Here are some things you should know about Simple Battery in Georgia.
The definition of simple battery georgia is taken from OCGA ยง 16-5-23.1. This law defines simple battery as when you:
Graspingly make contact of an insulting or provoking nature with another person,
Deliberately inflict bodily harm on someone.
The word is deliberately. It is not necessary to cause any harm. There is no need to leave a mark. Insult or provoke contact is sufficient. A shove. A push. Spitting. Grabbing someone's arm. All of them are capable of being charged as simple battery.
Is it possible to get jail time for battery? Yes. Simple battery is a misdemeanor, a high and aggravated misdemeanor. The simple battery Georgia sentence is up to 12 months in jail. Fines up to $5,000. Probation. Community service. Anger management classes.
In the event of conviction, you have a permanent criminal record. This may impact on your employment, housing, and professional licensing.
The question that many people ask is "What happens if the other person initiated it?" Self-defense is a valid defense. You have to use reasonable force, though. Push back when pushed. However, if they push you and you punch them, that could be overkill.
Self-defense is also not a defense if you were the first aggressor. No self-defence if you began fighting.
Is there any justification for treating simple battery family violence as a crime? No, in general, simple battery is generally a misdemeanor. However, if it is against a member of your family, it is considered family violence. This alters things.
A family violence charge may impact your right to own firearms. It may impact custody issues for children. It might impact your work. A prior Family Violence conviction can make the charge a felony.
Simple battery charge drop is a question that many people seek to know. This is case-dependent. These are some of the ways the charges can be dropped or reduced.
Lack of evidence. The prosecution may drop the charge if it can't prove that you made intentional contact.
Self-defense. You might have the charge dropped if you can establish that you were acting in self-defense.
False accusation. If the other party has been lying, then your lawyer can provide evidence to support that.
Diversion programs. First-time offender diversion programs are available in some counties. You perform community service and take classes. The charge is nolled.
Negotiation. Your attorney will be able to negotiate with the prosecutor. They can charge it to something less serious, such as disorderly conduct.
The charge of Simple Battery in Georgia is very serious. A lawyer is needed to defend your rights. A lawyer can investigate the case. They can collect evidence. They are able to object to the evidence offered by the prosecution. They have a place to negotiate for a better deal.
Don't do this by yourself. The repercussions are too dire.
These are steps to take if you are charged with Simple Battery in Georgia.
Do not talk to police without a lawyer. Watch your mouth; it can all be used against you.
Call an attorney right away. A lawyer can defend your rights and begin your case.
Preserve evidence. Record all that you recall. Save any text messages or social media posts.
Keep away from the other person. Avoid any contact with them. Avoid attempting to apologize or make amends.
Making a deliberate insulting and provoking touch or causing deliberate physical harm.
Fines up to $5,000, community service, anger management classes, up to 12 months in jail, and probation.
Yes. A maximum penalty of 12 months imprisonment is possible.
By means of non-evidence, self-defence, false accusation, diversion programmes, or negotiation.
Typically no. However, if he/she has been convicted in the past, it can turn into a felony.
In Georgia, it is not necessary to make marks or injure to be charged with Simple Battery. Insulting or provoking contact is considered under the law. Charges can be brought for a shove, push, or spitting. The consequences are harsh. A conviction will remain on your record forever.
When dealing with a simple battery charge, do not attempt it by yourself. Call Downie Law, LLC today for a free private consultation. Let us inform you of your rights and help you get the best possible outcome.