It is enough to give you chills when you hear that you are being charged with simple battery. Your mind races. Will you go to jail? Will this ruin your record? Still, do you get your way to the job you wanted? This charge is anything but minor in Georgia, as the word simple sounds.
Get your defense with a fight, use force to defend yourself during an argument, or feel like you are being accused of something you are not, no matter the case, simple battery in Georgia law will be the first step of defending yourself. We have assisted many people in covering such charges at Downie Law, LLC. This is what you should be aware of: penalties, 1 with defenses, and your legal rights.
How do we know what a simple battery is in Georgia?
We may begin with the real law. Simple Battery OCGA refers to the official code section: OCGA ยง 16-5-23.1. You will be guilty of simple battery when you:
- Deliberately cause physical contact of an insulting or provoking character with another individual, OR
- Deliberately inflict physical injuries on another individual.
Follow through the keyword: intentionally. Incidentally, bumping somebody is not battery. However, in case you were intending to make contact, even without inflicting harm, you could get charged.
What constitutes physical contact?
- Pushing or shoving
- Slapping or hitting
- Spitting on someone
- Pulling hair
- hitting somebody with something.
- Any unwanted caressing to offend or arouse.
What counts as physical harm?
Any injury, even minor. A bruise, a scratch, redness, or pain are all qualified. You do not have to take a person to the hospital to cause some physical harm.
Simple battery in Georgia: is it a misdemeanor?
Yes, in most cases. Simple Battery is considered a high and aggravated misdemeanor. This is the highest degree of misdemeanors in Georgia. Nevertheless, it may turn into a felony under some circumstances, as we will discuss below.
What Are the Penalties for Simple Battery in Georgia?
The penalties are more than one would expect because simple battery is a high and aggravated misdemeanor.
In a plain, simple battery conviction:
- Up to 12 months in jail
- Fines up to $5,000
- Up to 12 months of probation
- Community service (20 to 40 hours)
- Anger management or counseling classes are mandatory.
- A permanent criminal record
In case of family violence in the charge, there are other consequences:
- You lose the right to possess or own guns.
- The background checks show the charge as family violence.
- It has the ability to influence child custody and visitation.
- A family violence intervention program may have to be taken.
How does a simple battery become a felony?
A simple battery may be prosecuted as a felony in case:
- The victim is a relative (family violence battery).
- The victim is over 65 years old
- The victim is pregnant
- The healthcare worker, teacher, or any other type of professional is a victim.
- You are convicted of battery in the past.
Conviction of a felony implies a jail sentence (usually 1-5 years) and the right to never leave.
Will a simple battery be detected on the background checks?
Yes. A conviction is a matter of record and will be visible on routinely performed criminal background checks. It will be seen by employers, landlords, and professional licensing boards. It is one of the largest reasons to struggle against the charge instead of simple guilty pleading.
Common Defenses to Simple Battery Charges.
The term intention in the legal sense means nothing but your best defense. The defense side has to demonstrate beyond a reasonable doubt that you did it with intent. Here are defenses that work:
Self-Defense: The Georgia law permits you to apply reasonable force in protecting yourself against imminent harm. A total defense may be complete in case you are defending yourself against an attacker.
Defense of Others: This is also applicable in case you were defending another person.
Accidental Contact: In the case of an accidental contact, i.e., you bumped somebody because you fell on them, you grabbed something and accidentally hit them, but there was no intention. This is not a battery.
False Accusation: It is sad to say, but people lie. False accusations occur in the middle of an argument, when the break-up is not going fine, and other causes. A detailed study will be able to spot discrepancies and the desire to lie.
Mutual Combat: When both sides were engaged willfully, the charge can be lowered or dismissed, particularly when both parties are accused.
Absence of Evidence: The prosecutor should demonstrate his case. It is often witnessed that there are no witnesses, no video, and different stories. The charge can also be dismissed in case of a lack of strong evidence.
What if he or she was started by the other person?
Self-defense is a valid defense; however, timing is of importance. Portal coercion can only be used as a defense to an imminent threat. When the threat is past, and you counter-attack, it is not self-defense. That is why it is so important that a lawyer investigate what exactly occurred.
Your Legal Rights when you are charged with a simple battery.
You know, when you have been charged, you have significant rights. It is only a matter of using them in the right way.
Right to Remain Silent: This is the greatest right. Never speak about the case with the police, the supposed victim, or any other person to any one of them unless your lawyer is around. Even innocent explanations may be perverted. All you have to say is: I am invoking my right to remain silent, and I wish to talk to a lawyer.
Right to an Attorney: You are entitled to an attorney. In case you are not able to afford one, the court will appoint one. Yet it is important to have a criminal defense attorney.
Right to Confront Witnesses: Can you confront your accuser and argue with his testimony by cross-examination?
Right to introduce Evidence: You have the right to introduce your witnesses and evidence in your defense.
Is it better to plead guilty and be done with it?
Never. This is the greatest mistake that people commit. Pleading guilty means:
- A permanent criminal record
- All the punishments that we talked about (jail, fines, probation)?
- Loss of employment, housing, or professional license.
- Heavy punishment should be imposed if he is accused again in the future.
You have to know all your options before you even speak of pleading guilty. An experienced lawyer can possibly have the charge minimized, thrown out, or diverted.
What Is Pretrial Diversion and Would It Be of Help?
Several Georgia counties have pretrial diversion programs available to first-time offenders who are accused of misdemeanors such as simple battery. Most of these programs demand that you fulfil a number of requirements, such as serving some kind of community service, attending anger management courses, and paying restitution, in order to get the charge dismissed.
Advantages of diversion at pretrial:
- No conviction on your record
- When successfully accomplished, the case is dismissed.
- You can technically say that you never got convicted.
- Eschews jailing and permanent record.
Not all will be eligible, and different counties have different requirements. With the help of an attorney, it will be possible to identify whether you are eligible and to lobby for your admission.
What you ought to do immediately you are charged.
1. Stop talking. No statements to police. To the so-called victim, no apologies. Nothing.
2. Preserve evidence. Put all your recollections in writing. Copy texts, e-mails, or social networking. Take the contact information of witnesses.
3. Keep off the alleged victim. None of the contacts even apologized or tried to work something out. This may be observed as intimidation of the witnesses.
4. Call a lawyer immediately. The sooner you get legal power, the sooner we are able to get to work on your defense.
Why Local Knowledge Matters
Cases of simple batteries are tried at local courts, with local prosecutors, before local judges. It is great to have a county-specific lawyer. We know how it works, who plays and who does not, and what is the unspoken rule that may or may not work in your favor.
A battery recharge is no laughing matter, but it does not have to characterize your future. Having the appropriate defense and knowing your rights, you will be able to struggle to achieve the most desirable results.
When you are charged with Simple Battery in Georgia, do not delay. Don't plead guilty. Don't go it alone. Call Downie Law, LLC today and obtain a confidential consultation. And we will hear of your tale, explain.