The words that one may hear when being charged with simple battery may be shocking and confusing. You may be arguing in your mind that just a touch of them, or it was an accident, or even that they initiated it. In whatever might be the case, a mere battery charge in Georgia is serious--more serious than the word simple implies. It may influence your past, your employment, your home, and your future. Every day, engage people at Downie Law, LLC who are being charged with this charge and do not know what to do next. This article breaks down the key facts about Simple Battery in Georgia in plain, easy-to-understand language. We may begin with what the law itself says.

What Battery Simple Is under Georgia Law?

Under Georgia law, simple battery OCGA refers to the official code section that defines this crime: OCGA § 16-5-23.1. This law states that an individual will have committed simple battery when he or she does either of the following:

• On purpose, touch someone in a physical manner that is either disrespectful or provocative.
• Mentally inflict bodily harm on another individual.

That definition has two significant terms, namely, intentionally and physical.

Physical contact may include a slap, push, or shove, spitting on one, or even pulling a person by his/her hair. It is not necessarily necessary to cause a bruise or injury. It qualifies in case the contact is to insult or provoke, such as a shove in an argument.

Physical harm refers to any harm, whether big or small, such as a scratch or a red mark. When the other party is in pain, then it is possible to say that it is harm.

This extends far further than the majority of people understand. An angry word that graduates into a cold shove, an irritated jostling past another in a congested area, or even a nondescript slap that the other individual did not enjoy can all result in a mere battery charge.

Is a simple battery a felony or misdemeanor in Georgia?

This is one of the frequently asked questions. In most cases, Simple Battery in Georgia is a misdemeanor of a high and aggravated nature. It is the worst form of misdemeanor in our state. But in some situations, it is a felony, including:

• In case the victim is a family member (this turns into family violence battery)
• In case the victim is above 65 years old.
• If the victim is pregnant
• In case the victim is a healthcare worker, teacher, or other professional who is not vulnerable.
• In case of being convicted of battery before.

A felony offense has a lot stricter consequences, such as incarceration and a lifetime denial of some rights.

What Are the Penalties for Simple Battery in Georgia?

Since a simple battery is a high and aggravated type of misdemeanor, the fines are more expensive than the fines given in a common misdemeanor.

In a first-time offence, you can be charged with:

• Up to 12 months in jail
• Fines up to $5,000
• Probation (including anger management courses) 12 months.
• Community service
• A permanent criminal record

In case the charge is related to family violence, there are other implications:

• Your right to own or possess guns can be taken away.
• The offense will be reflected on the background checks as a family violence offense.
• It is able to influence the child custody and visitation in the family court.
• You might have to take a family violence intervention program.

Will a simple battery be found on a background check?

Yes, absolutely. An arrest for simple battery is a record to the world. It will be visible on the routine criminal background checks employed by employers, landlords, and professional licensing boards. This may have an impact on your chances of securing a job, leasing an apartment, being granted some professional licenses, or even volunteering at your child's school. This is among the largest reasons why it is so significant to fight the charge.

Widespread defenses to Simple battery charges.

Intentionally, as a term in the law, is really your best defense. To establish beyond any reasonable doubt that you acted with intent, the prosecution has to prove that you did act. The following are typical defenses that are put up by the seasoned Criminal Defense Lawyers in Vidalia to combat such charges:

• Self-Defense or Defense of others: the law of Georgia permits the use of reasonable force to protect oneself or another party against imminent harm. You could have a full defense in case you are defending yourself against an attacker.
• Accidental Contact: In the case of accidental contact, there was no intent, as long as the contact was actually accidental: you bumped into someone in an overcrowded aisle, you fell, and grabbed the person to lift yourself. This is not a battery.
• False Accusation: There are occasions when, during an argument or a tough breakup, people end up making accusations that are not true. The in-depth research will expose inconsistencies and the intentions to deceive.
• Insufficiency of Evidence: The prosecution has to demonstrate all the aspects of the crime. In many cases, witnesses are nonexistent, video is absent, and stories do not match. The dismissal or reduction of the charge can take place without providing strong evidence.
• Mutual Combat: Where both of them were voluntarily engaged in a fight, the charge can be dismissed or lowered, particularly when both of them are charged.

What To Do Now That You Have Been Charged.

What you do during your first days when a charge is filed can make a great difference in your situation.

• 1. Use your freedom of not speaking. Never speak about the incident to the police, the alleged victim, or anyone else without your attorney. Anything you tell can and will play against you. Such a simple apology can be manipulated to make an acceptance of guilt.
• 2. Preserve evidence. Note down all that you can remember about the incident, and do so when the incident is still in your mind. Keep any social media or email and social media messages about the situation. In case of any witnesses, record their names and contacts.
• 3. Keep off the so-called victim. This may be used against you as witness intimidation or harassment, even when you are attempting to apologize or work things out. Stay away.
• 4. Seek the services of an attorney. Cases involving simple batteries are speedy. The faster you get legal representation, the faster we can begin the investigation, preserve the evidence, and develop your defense.

Would you mind just pleading guilty and getting over it?

This is one of the most perilous questions of which we hear. Guiding a plea to simple battery, particularly a family violence offense, is a move that will have lifelong ramifications. A permanent criminal record will be created. You can lose your job or your professional license. You can have your right to possess firearms denied. You might be subjected to tougher punishment in case you are reaccused in the future. Always be reluctant to plead guilty before knowing the long-term consequences. With the help of a competent lawyer, the charge can be diverted, dismissed, or reduced in the course of the pretrial diversion program.

Pretrial Diversion: What It Is and How It Can Benefit You.

Several counties in Georgia have pretrial diversion programs where first-time offenders with misdemeanors such as simple battery are given the opportunity to enter the program. These programs also usually hold you to some form of demands to fulfill, either by serving some community service, or attending anger management training, or by paying restitution, in exchange for the dismissal of the charge.

Advantages of pretrial diversion:

• No conviction on your record
• The case is dismissed upon successful completion.
• You can technically say that you did not commit the crime.
• Eschews jail and a criminal record.

Not all people qualify, and the eligibility requirements differ according to the counties. With the assistance of an attorney, it is possible to figure out whether you are eligible and prove your admittance to the program.

The difference made by a Local Attorney.

A mere battery might not appear as a big charge, but in Georgia, in the law court, it bears a lot of weight. It is a great blessing to have an attorney who is familiar with the local courts, prosecutors, and judges. We know the particular processes in Toombs County and the surroundings. We have an idea of what arguments are being listened to and what diversion programs can be offered. We also get to know that behind each charge, there is somebody, somebody who erred, found themselves in the wrong circumstance, or somebody being wrongly accused.

If you or someone you love is facing Simple Battery in Georgia, you don't have to navigate this alone. The legal system is complicated, and the stakes are much greater than most individuals can imagine. At Downie Law, LLC. We hear your story, tell you what you can do in simple language, and develop a defense plan that is aimed at defending your record and your future.

Don't let a mere charge on the battery affect your life. Call Downie Law, LLC before it is too late. We will make our experience work in your favor.