Battery

What Is Battery?

Battery charges in Georgia can be either simple battery (misdemeanor) or aggravated battery (felony).

Simple Battery A person commits the offense of simple battery when he or she either: intentionally makes physical contact of an insulting or provoking nature with the another person; or intentionally causes physical harm to another person.

Aggravated Battery: A person commits the offense of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.

Defense Strategies for Battery Charges

A summary of defense strategies: conduct a review to confirm whether or not the case facts meet the specific requirements for the charge of battery.

Additionally, examine evidence such as witness statements, video footage, and forensic evidence. In some cases, self-defense or defense of others are plausible arguments.

Battery Punishments

Simple Battery: A person convicted of the offense of simple battery shall be punished as for a misdemeanor.There are certain factors that can greatly escalate the punishments for simple battery.

• 1. Simple Battery Against a Person 65 Years or Older, or Against a Pegnant Female: Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
• 2. Simple Battery In a Public Transit Vehicle or Station: Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "public transit vehicle" has the same meaning as in subsection (c) of Code Section 16-5-20.
• 3. Simple Battery Against a Police Officer, Correction Officer, or Detention Officer: Any person who commits the offense of simple battery against a police officer, correction officer, or detention officer engaged in carrying out official duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
• 4. Simple Battery Between Past or Present Spouses / Parents: If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be applicable to corporal punishment administered by a parent or guardian to a child or administered by a parent.
• 5. Simple Battery Against a Sports Official: Any person who commits the offense of simple battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For the purposes of this Code section, the term "sports official" means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.
• 6. Simple Battery Against an Employee of a Public School System: Any person who commits the offense of simple battery against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, "school property" shall include public school buses and stops for public school buses as designated by local school boards of education.
• 7. Simple Battery upon a Utility Worker: Any person who commits the offense of simple battery upon a utility worker while such worker is acting within the course and scope of their employment or is performing official duties at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

Aggravated Battery: A person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.There are certain factors that can greatly escalate the punishments for aggravated battery.

• 1. Aggravated Battery Upon a Public Safety Officer: A person who knowingly commits the offense of aggravated battery upon a public safety officer while the public safety officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years; provided, however, that for persons who are at least 17 years of age, a mandatory minimum term of imprisonment of three years shall be imposed and no portion of the mandatory minimum sentence shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court; provided, however, that in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum. person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00.
• 2. Aggravated Battery Against a Person 65 Years Old or Older: Any person who commits the offense of aggravated battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
• 3. Aggravated Battery in a Public Transit Vehicle or Station: Any person who commits the offense of aggravated battery in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
• 4. Aggravated Battery Upon a Student or Teacher or Other School Personnel: Any person who commits the offense of aggravated battery upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
• 5. Aggravated Battery Between Past or Present Spouses / Parents: If the offense of aggravated battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.
• 6. Aggravated Battery Upon an Emergency Health Worker or Healthcare Worker: A person who commits the offense of aggravated battery upon an emergency health worker or healthcare worker while such worker is on a hospital campus, as such term is defined in Code Section 31-54-1, to perform official duties shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
• 7. Aggravated Battery Upon a Utility Worker: Any person who commits the offense of aggravated battery upon a utility worker while such worker is acting within the course and scope of their employment or is performing official duties at the time of the offense shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

Georgia Law: O.C.G.A. § 16-5-23 - 16-5-24

Click the following link to see the full law for simple battery and aggravated battery in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact a Battery Lawyer

If you are being investigated for, or charged with, battery we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.