Battery is one of the most frequently charged crimes against the person. The Official Code of Georgia, O.C.G.A., divides Battery into three different categories, simple battery, battery, and aggravated battery. Family violence battery falls under the general battery category. Today, we will discuss simple battery. Georgia code 16-5-23 defines simple battery as intentionally making physical contact of an insulting or provoking nature with another person OR intentionally causing physical harm to another. A conviction for simple battery is generally sentenced as a misdemeanor.
Under certain circumstances, a simple battery conviction can be sentenced as a misdemeanor of a high and aggravated nature. For instance, fictional character, Joe goes to his kid's baseball game and gets upset that the umpire is just not making the calls the "right way". Subsequently, Joe decides to confront the umpire because he feels the umpire caused his son's team to lose the game. If Joe intentionally causes physical harm to the umpire, and is convicted of such, Joe can be sentenced to a misdemeanor of a high and aggravated nature. O.C.G.A. § 16-5-23 (c) through (i) define the circumstances where simple battery is treated as a misdemeanor of a high and aggravated nature.
There are several defenses to simple battery charges, including, but not limited to the victim consented to the physical contact. Each case is different, and an attorney experienced in representing crimes against the person, such as assault, battery, cruelty to children, etc., should be consulted to discuss the facts specific to your case. Call the Law Office of Robert L. Booker today. The consultation is free and we will thorougly review your case, provide any possible defenses and exemptions that apply to aggressively defend your case.