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 Simple Battery & 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.
Is Simple Battery a Felony in Georgia?
According to Georgia Code Section 16-5-23, simple battery is typically classified as a misdemeanor offense, not a felony. Simple battery involves intentionally making physical contact of an insulting or provoking nature with another person, or intentionally causing physical harm to another person. Examples of simple battery include pushing, slapping, or punching another person.
Under Georgia law, simple battery is punishable by up to 12 months in jail and/or a fine of up to $1,000. However, certain aggravating factors can elevate a simple battery charge to a felony offense. For example, if the battery is committed against a police officer, a person over the age of 65, or a pregnant woman, it can be charged as a felony.
Additionally, if the battery causes serious injury to the victim or is committed with a deadly weapon, it can also be charged as a felony offense. The penalties for felony battery in Georgia can vary depending on the circumstances of the offense, but can include several years in prison and significant fines.
How Much is Bond For Simple Battery in Georgia?
Simple battery is a misdemeanor offense under Georgia Code § 16-5-23.1 and usually requires a bond to be posted before the defendant can be released from jail. The amount of the bond depends on factors such as the circumstances of the case, past criminal record, and any other relevant factors. Generally, the average bond for a simple battery in Georgia is around $1000.
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.
How to Get a Simple Battery Charged Dropped
In some cases, you may have a charge of a simple battery dropped. However, this is not always possible, as the decision to drop the charges typically lies with the prosecuting attorney. To increase your chances of having the charge dropped, consider considering seeking legal counsel and mounting a defense that demonstrates either no evidence or insufficient evidence for a conviction. You should also gather evidence demonstrating mitigating circumstances, such as self-defense or mutual combat.
Defense For Battery Charges
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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