Simple Battery

SIMPLE BATTERY

Arrested for Simple Battery in Georgia?

If you’ve been arrested for simple battery in Georgia, having an experienced attorney is crucial to navigate the complexities of your case. At Downie Law, LLC, I, Jack M. Downie Sr., bring over a decade of experience in criminal defense, including battery and other crimes against persons. Remember, a charge is not the same as a conviction, so it’s essential to act quickly. Contact me today to schedule a free consultation.

Understanding Battery in Georgia

Battery is often confused with assault, but they are distinct crimes under Georgia law. It’s important to know that there are three different types of battery offenses: simple battery, battery, and aggravated battery.

O.C.G.A. §16-5-23: Simple Battery Defined

Under Georgia law, simple battery occurs when a person either (1) intentionally makes physical contact of an insulting or provoking nature with another person, or (2) intentionally causes physical harm to another.

Case Law on Simple Battery

For example, in Elsasser v. State, 313 Ga. App. 661 (2011), a suspect was convicted of simple battery and required to pay restitution to the victim. The incident involved a confrontation that escalated into a physical altercation, resulting in the suspect hitting the victim and damaging property. The court found the suspect guilty of simple battery and ordered restitution for the damage caused.

What Must Be Proven for a Simple Battery Conviction

To convict someone of simple battery, the prosecution must prove beyond a reasonable doubt that the accused intentionally made physical contact with another person or caused harm. The intent to make physical contact is a key element that must be demonstrated.

Penalties for Simple Battery in Georgia

Simple battery is generally classified as a misdemeanor, with potential penalties including up to one year of confinement and a fine of up to $1,000. However, the charge can be elevated to a misdemeanor of a high or aggravated nature under certain circumstances, such as:

• The victim is 65 years of age or older or a pregnant female at the time of the offense.
• The offense occurs in a public transit vehicle or station.
• The victim is a law enforcement officer, correction officer, or detention officer engaged in official duties.
• The offense is committed between past or present spouses, foster parents, or individuals living in the same household.
• The offender is an employee or volunteer at a long-term care facility, and the victim is receiving services from such a facility.
• The offense is committed against a sports official during an amateur contest or while the official is on or exiting the property.
• The victim is an employee of a public school system engaged in official duties or on school property.

In such cases, the penalties can include up to one year of confinement and fines up to $5,000.

Restitution and Other Penalties

In addition to fines and confinement, courts may order restitution, requiring the defendant to compensate the victim for any expenses resulting from the crime, such as medical treatment or counseling. Depending on the case, the court might also impose probation instead of jail time, requiring regular meetings with a probation officer and adherence to specific conditions like community service or counseling.

Defenses to Simple Battery Charges

Several defenses can be used in simple battery cases, including:

• Lack of Intent: If you did not intend to make contact or cause harm, this could be a strong defense.
• No Contact: Physical contact is a required element of simple battery. If no contact occurred, you cannot be convicted of this crime.
• Self-Defense: You may have acted in self-defense if there was a reasonable threat of unlawful force against you, and there was no opportunity to escape.
• Defense of Others: If you reasonably believed someone else was in danger and acted to protect them, this could be a valid defense.
• Defense of Property: Reasonable force used to defend your property may justify your actions.
• Consent: If the alleged victim consented to the physical contact, it may not be considered battery.
• Innocence: Evidence such as an alibi or witness testimony showing you could not have committed the crime can be crucial.

What Are Not Valid Defenses

Certain defenses won’t hold up in court, such as:

• The Victim Didn’t Realize Severe Injury: Simple battery doesn’t require severe injury; mere pain is enough.
• It Was Just a Joke: If the victim reasonably believed harm could occur, this could still be considered simple battery.
• It Was My Parents: You can still be charged with simple battery for harming parents or stepparents.

Contact Downie Law, LLC

When facing criminal charges, having knowledgeable legal representation is of the utmost importance. As your Georgia Simple Battery Attorney, I will thoroughly investigate your case and evaluate your options. I am available to you 24/7, including nights and weekends, because your case is important to me. Let my experience work for you. Contact me today at (912) 537-9265 or jack@downielaw.net to schedule your free consultation.