The State of Georgia takes battery charges, including simple battery, very seriously. As a result, you can go to jail if you are convicted of simple battery. If you’re facing a battery charge of any kind, it’s time to consult with an experienced Atlanta criminal defense attorney at Ghanayem & Rayasam.
The Charge of Simple Battery
A simple battery in Georgia is usually a Class A misdemeanor. It means intentionally making physical contact that harms the victim or that the accused knows is insulting or provocative.
The Level of Harm Caused Generally Determines the charge.
The level of physical harm caused by the battery offense generally distinguishes simple battery from both battery and aggravated battery. For a simple battery to apply, the level of physical harm caused needn’t be visible, while a battery charge requires substantial physical harm, which means the injury can be seen. When it comes to aggravated battery, the degree of physical harm caused must be in the severe range, such as a broken bone or disfigurement.
The Charge of Simple Battery Can Be a High and Aggravated Misdemeanor
Sometimes, a simple battery can become a high and aggravated misdemeanor, leading to harsher penalties. This often happens if the victim is vulnerable, like the elderly, or if the incident occurs in a protected location, such as:
- On public transit
- In a school
The Fines and Penalties that Apply to Simple Battery Charges
A simple battery conviction can carry a sentence of up to a year in jail and a fine of up to $1,000. A high and aggravated misdemeanor carries a maximum of 1 year in jail and a fine of up to $5,000. Restitution may also be required, such as covering the victim's medical care or counseling costs.
Finally, it’s important to address a second offense against the same victim. If you are convicted of simple battery against the same person a second time, an enhanced penalty applies. This amounts to a mandatory requirement that you spend at least 10 days in jail.
You Need an Experienced Atlanta Criminal Defense Lawyer on Your Side
The possibility of jail time for a simple battery conviction is serious, and your future may depend on taking immediate action. Don’t leave your defense to chance—turn to experienced Atlanta criminal defense attorneys at Ghanayem & Rayasam now. Protect your rights and secure the strongest defense available. Contact us online or call 404-561-0202 today to get started.