Article provided by: Kohn & Yager, LLC
Battery is the touching of another person in an insulting or provoking nature without their consent, not minding they were harmed or not in the process. In cases where the touching does not involve physical harm, the offense is a simple battery. On the other hand, touching that involves physical harm is usually tried as an aggravated battery, and needless to say, attracts more severe punishment.
Being convicted for battery crime can lead to a blot in your criminal record and have severe consequences beyond the punishment. If you or anyone you know has been charged with simple or aggravated battery in Georgia, you’ll need the services of expert criminal lawyers. Our attorneys at Criminal Defense Matters can help you fight your case and achieve the best possible outcome.
What is the difference between simple and aggravated battery?
Under Georgia battery laws, simple battery is defined as:
- Intentionally making physical contact of an insulting or provoking nature with the person of another; or
- Intentionally causing physical harm to another person.
The offense is tried as a misdemeanor, and it attracts a maximum jail term of one year and fines up to $1,000.
If the touching results in injury, the offense will no longer be a simple battery but an aggravated one. Aggravated battery is defined as ‘Intentionally and maliciously inflicting a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement.’
What is the punishment for aggravated battery in Georgia?
Aggravated battery is a second-class felony under Georgia battery laws. If found guilty, the offender can be sentenced to up to 5 years in a state prison alongside a $5000 fine. If the accused was carrying a firearm at the time of the incident, the minimum sentence extends to 10 years.
Is there any defense for aggravated battery?
If you or anyone you know has been charged with aggravated battery in Georgia, you should immediately call a skilled criminal attorney. The burden of proof of any type of battery lies on the prosecutor, and an experienced attorney can help you punch holes in their case.
The prosecutor must prove that the touching that led to the charge was intentional and not accidental for any battery crime. For aggravated battery, the bar is even higher. The prosecution needs to show that the offender did not only intend to make physical contact but intended to do bodily harm. The case can be dismissed if the prosecution fails to prove this intent.
Unsurprisingly, the most common defense for aggravated battery is arguing that the contact was accidental. However, you’d need an experienced attorney to argue your case if the defense is to hold water. Self-defense, alibi, or mutual-combat are some other potential defenses for aggravated battery.
Contact the leading battery lawyers in Georgia
Have you or anyone you know been charged with aggravated battery in Georgia? It would be best if you contact with Kohn and Yager, Georgia’s foremost criminal defense lawyers. Call us for a free consultation on any of the following numbers: Sandy Springs Office/404) 567-5515, Downtown Atlanta/(404) 567-5515, Marietta Office/(770) 629-8620, Alpharetta Office/770) 629-9614.
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