You were in the bar, at a party, or you were in your own driveway. An argument started. Voices got loud. Tempers flared. Somebody then pushed you, and you pushed him. It happened fast. There was no one who was seriously injured. You went off thinking that it was nothing. A mere dumb quarrel that had a slight tussle.
Then up came the police to your door. And that is why you are being accused of a crime. You are lost, frightened, and how do you know this out of a mere shove? The solution is found in the law of Georgia. It is possible that the pushing fight could be legally viewed as Simple Battery in Georgia. We have assisted many individuals in comprehending these charges at the Downie Law, LLC. There are several things that you should know.
The Literature of the Law.
In the case of Georgia, simple battery as per the OCGA 16-5- 23.1, you commit simple battery when either you deliberately engage in physical contact that is of an insulting or provoking nature with another individual, or when you deliberately inflict physical harm on another individual.
Take heed to the significant word: intentionally. It does not matter when you get in touch accidentally. However, in case you were supposed to make contact, but not injure another person, you may be charged.
This is what that entails in the case of a shoving match. You used to push somebody, and you were deliberately touching him. And even when it is the push that is intended to provoke or offend, even when you were pushed first, it qualifies under the legal definition. Never mind, you do not have to make a bruise. You do not even need to take someone to the hospital. The impulse in itself suffices.
But They Pushed Me First.
This is the reaction that is commonest. It was they who started it, and I was only defending myself. It may be just in that particular moment, but the law does not view things as such.
Georgia does not prohibited on self-defense. Reasonable force can be applied to defend against a threat of bodily injury. However, the amount of force should be in proportion. When one pushes you, and you push him/her back, that could be on a proportional level. It may be overboard when one pushes you, and you punch him or her in the face.
What is more important is timing. Self-defense is applicable to the threat that is immediate. After the danger is passed, no one can boast of self-defense to take revenge. When the other individual pushed you and then withdrew, you pushed him/her back; it is not self-defense. That's retaliation. And revenge is no legal defense.
It Doesn't Take Much.
The amount required to be charged is appalling to many. You need not make a punch. You do not need to shed blood. Even the simplest shove, push, or even holding someone by the arm would suffice.
It is under the law that there be physical contact of an insulting or provocative character. This is to say that, in case your contact was intended to be insulting or provocative, then it is qualified. A push in an argument hardly ever fails to do so. The individual whom you bullied may not be injured at all. It is the crime of the contact.
The punishments are severe.
A simple battery in Georgia is a misdemeanor that is of a high and aggravated nature. That is the most serious form of misdemeanor. The conviction may result in a jail term of a maximum of 12 months, fines of up to 5,000 dollars, probation, community service, and anger management lessons that are obligatory.
When it is a family member who is shoved, the ante is raised that much higher. Violence in the family may be seen to influence your right to possess firearms, child custody, and your professional licenses.
And the conviction remains with you forever. Georgia does not permit simple battery convictions to be expunged or sealed. It will appear on employment, residential, and occupational license background checks.
In Cases When the Other Person Is Lying.
However, unfortunately, there are false accusations. During an argument, human beings overdo things. When it is a hard breakup, individuals are retaliatory. There are occasions when the one who made the first punch says that he or she was the victim.
You have to have evidence in case you are being falsely charged. Eyewitnesses to the actual reality. Security camera footage. Social media posts or text messages that depict the intent of the other individual. An excellent lawyer will learn how to locate and introduce such evidence.
What You Must Do at this Moment.
In case you have been accused or even simply interrogated over a case of shoving, follow these actions as soon as possible.
Stop talking. Do not tell anyone what has happened, but only your attorney. Not the other individual. Not their friends. Not the police. Not on social media. Whatever you say can do you no good now. It is just something that can be turned against you.
Preserve evidence. Record all the information you can remember when it is fresh. Retain any texts, emails, or other messages concerning the incident. Obtain the contact information of any witnesses.
Keep a distance between you and the other individual. At least do not touch them, not even to apologize and attempt to make things right. Any form of contact may be regarded as the intimidation of the witness or harassment.
Get an attorney on the phone. A mere battery charge is no laughing matter, and you must have someone who will take your case.
Frequently Asked Questions
Is it possible to be arrested for pushing someone in Georgia?
Yes. A simple battery is a maximum of 12 months in jail. The first offender is usually put on probation, although jail can always be considered.
Is it causing a person to be pushed, assaulted, or battered?
Assault in Georgia is a threat or an attempt to cause a violent injury. Battery touching, in fact. A push is not an assault, but a battery.
What, do you suppose, of both of us pushing?
There is mutual combat as a defense; however, it does not come naturally. It could still be determined by the court that the two parties committed battery.
Is it possible to discontinue the charges in case the other party is not interested in pressing charges?
It is the state's decision whether to press charges or not, rather than the victim. The prosecutor may still go ahead with it even when the other individual desires to drop it.
Should I hire an attorney for a minor battery case?
Absolutely. The after-effects are too grave to cope with by oneself. A lawyer is able to fight the evidence, bargain for lower charges, and keep your record.
The pushing confrontation may not appear to be anything at the time. However, according to the Georgia law, it may result in criminal prosecution, which interferes with your liberty, employment, and future. And do not think that it will go away. To hope the best is vain. Do something to defend yourself.
In case you are dealing with a simple battery in Georgia, then Downie Law, LLC can help you by offering a confidential consultation. We will hear you out, tell you what you can do, and begin to develop your defense. You have something to fight to preserve your future.