Why Is Understanding Simple Battery OCGA Important Under Georgia Law?
Many imagine a violent assault when they hear the word “battery”. The term is often used in the media to describe more newsworthy physical altercations, i.e., bar fights. In Georgia, battery can describe a much more minor offense. Something as mild as an intentional shove during an argument or an offensive, insulting touch can lead to battery charges in Georgia. Because the line is so thin, understanding simple battery OCGA can protect your future.
Simple battery is one of the more common charges in Georgia, and many people are arrested for it every year, often times unexpectedly. It's a misdemeanor offense and is often charged in the context of a domestic dispute. Simple battery under OCGA family violence is charged when there is a minor physical altercation in the context of a domestic relationship. Simple battery OCGA ↗ carries other, additional consequences beyond a standard misdemeanor offense. Other laws are guided by the same principles and standards of battery, which this article explains.
What Does Simple Battery Mean Under the Georgia Code?O.C.G.A. § 16-5-23 states that a person commits simple battery in one of two ways:
Intentionally making offensive or contact of a provoking nature with a person.Intentionally causing physical harm to a person.It's important to note that the law does not require that the contact be of an injurious or damaging nature. An offensive, insulting touch, or even minor, trivial contact can constitute battery under Georgia law.
Simple Battery vs. Battery vs. AssaultAssault means trying to hurt someone, or putting them in fear of imminent harm. When this happens, a judge or jury must decide whether the person at fault attempted to cause fear of bodily harm or offensive contact. In order for the state to prove that a defendant is guilty of a battery, the state must prove beyond a reasonable doubt that the defendant either:
actually committed an offensive contact, orintentionally caused physical injury to another person.If the injury is 'substantial,' the charge will be elevated to a more serious felony. Knowing the difference is critical, as the level of charge will dictate the potential penalties you face.
Why Understanding Simple Battery OCGA Matters for Your RightsMany people think a misdemeanor is no big deal, and that is a costly mistake. A simple battery conviction in Georgia is a misdemeanor of a higher order and is punishable by a jail sentence of up to 12 months and/or a fine.
Probation, with strict conditionsCourt-ordered classesPermanent Criminal RecordEmployment and housing issuesProfessional license issuesUnderstanding the elements of the Battery Statute arms a defendant with a powerful tool. A defendant is required to prove that the contact or injury was not intentional and/or was done in self-defense. If you don't understand OCGA 16-5-23, then you will have a hard time identifying your rights.
Simple Battery OCGA Family Violence: A Higher Stakes SituationWhen the alleged victim of a battery is a spouse or former spouse, parent or child, or a person with whom the defendant lives or has lived, or with whom the defendant has a child in common, a family violence battery is charged. These cases are handled more seriously for a number of reasons.
Mandatory Arrests and No-Contact OrdersMany police officers in Georgia are ordered by their agencies to make an arrest in any domestic situation in which they see any contact. Even if contact is only minimal, as in a push, judges often issue bond conditions that prohibit contact and bar the person from returning home. Can you imagine being ordered to not go home before being found guilty?
Repeat Offenses Can EscalateAlso, family violence charges in Georgia often carry increased penalties with repeat offenses. In addition to this, the increased penalties may be further enhanced for subsequent offenses. There can be collateral consequences for family violence convictions, such as the loss of child custody or the right to own/possess firearms.
The Accuser Doesn't Control the CaseMany people believe that if the victim/witness in a case of family violence "drops charges" or "does not want to prosecute", then the case will be dismissed. In Georgia, this is not the case. It is the prosecutor who decides whether to proceed with charges, not the victim/witness. This is why it is important to have an attorney who is familiar with this area of the law to help guide you through this process.
Common Examples of Simple Battery in GeorgiaThere are many different situations that can qualify as battery in Georgia:
Two co-workers have a verbal altercation, and one pushes the other away from a doorway.A partner grabs a wrist to stop them from leaving.A parent slaps the phone out of another person’s hand during a sporting event.A neighbor spits towards another person.In all of these examples, a person can be charged with battery, even if no person suffers a serious injury.
What Should You Do If You're Charged?If you’ve been arrested or cited for simple battery, these steps may help:
Stay calm and stay quiet. Police will eventually let you talk to your attorney before you give a formal statement.Follow the conditions of your release and stay away from the person who has a protective order against you.Write down the details of your version of what happened while the information is still fresh. You should include the names of any witnesses.Avoid Facebook and other social media.Make an appointment with a criminal defense attorney.You may be able to get charges reduced, take a diversion, or have your case dismissed if there is little evidence to support the state’s case. It is best to take these steps as soon as possible.
Frequently Asked QuestionsIs simple battery a felony in Georgia?Yes, a conviction is part of your public record and will be seen by potential employers, landlords, and licensing agencies. In some cases, you may be able to have your record restricted at a later date, but eligibility depends on your situation.
Conclusion: Don't Face a Simple Battery Charge AloneMost Georgians don't need a law degree to understand simple battery, but they will benefit from knowing how the state law regarding battery and other conflicts can impact them. While charges may stem from a family dispute or an altercation with a stranger, the beginning can determine the end.
If you find yourself in this situation, contact Downie Law, LLC to schedule a free consultation. We will evaluate your case, let you know the potential outcomes, and help you determine the best options for you and your situation.