Savannah Battery Defense Attorney
Adept Defense Against Battery Charges
Georgia laws address assault and battery as separate and distinct offenses. Both of these crimes are then further specified as simple or aggravated, with simple assault or battery charges regarded as misdemeanors. For aggravated assault or battery, however, the accused person could face a felony charge.
The Lerch Law Firm has the skill and practice necessary to effectively fight your simple or aggravated battery charge. Our lawyers are dedicated to tirelessly fighting your case and working towards maintaining your freedom.
Call our Savannah lawyers today for a free initial consultation: (912) 417-5008.
What is Battery?
Georgia laws define battery as the act of intentionally causing significant and visible bodily harm to another person. To prove battery, the prosecution must show that the defendant inflicted the injuries and had an intent to make physical contact and thus injure the person.
Simple battery is considered any act where an individual deliberately made physical contact with an intent to provoke or cause harm. To become aggravated battery, the individual must exhibit malicious intent to hurt another individual in a way causing serious and lasting injury, such as the loss of a limb, disfigurement, or paralysis.
What are the Penalties for Battery in Georgia?
Even for simple battery charges in Georgia, a person could endure strict punishments. For a misdemeanor battery case, they could face:
- Up to a year in jail
- Up to $1,000 in fines
- Restitution payments
If the offender is charged with an aggravated battery, they could face 1-20 years in prison in addition to fines and restitution payments.
These consequences may grow in severity depending on specific details of the case. For example, family violence battery cases garner punishments of between one to five years for repeat offenders. To be considered family violence battery, the harm must be inflicted upon spouses or ex-spouses, parents, stepparents, children, stepchildren, foster parents or children, or anyone else residing in the same household as the offender.
Aggravating Factors for Battery
Even misdemeanor battery charges can be made more severe for a variety of reasons. Battery convictions of a high or aggravated nature can result from:
- Battery that occurred in a public transportation vehicle or station
- Battery against a pregnant female
- Battery against a working teacher or school employee
- Battery against anyone 65 or older
- Battery against a sports official of an amateur contest
- Battery against a long-term care facility resident by an employee, agent, or volunteer of that facility
While these cases maintain the same one-year sentence, they result in potential fines of up to $5,000.
Defenses to Battery Charges
If you’ve been charged with battery, our lawyers will work tirelessly to defend you. We will review your case and the evidence of the matter and build strong a defense against your charge. Some ways we will look to defend you are by attempting to prove that:
- There was no actual contact between you and the “victim”
- You acted in self defense against an unlawful force or harm, were reasonably worried about injury to yourself, did not provoke the threat, and could not have escaped the threat
- You acted to defend others who you believed were in significant danger of being harmed
- You did not intend to injure or commit battery
Additionally, we can fight to show your innocence by recruiting relevant alibis or witnesses to contest your lack of involvement. Every case is unique and requires an individualized defense strategy. The Lerch Law Firm provides the level of personalization necessary to cater the defense to combat the charge against you most effectively. Get started with a free case review with one of our attorneys.
Contact The Lerch Law Firm for more information.
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