What is the Difference Between Battery and a Simple Battery Charge?Written on June 5, 2014
As children we are told to keep our hands to ourselves. That’s good advice for children, but it’s also good advice for adults. Laws regarding physically touching or harming others are very similar from state to state. In Georgia, there are several laws that address battery.
These laws cover the escalation of violence between two people. Simple battery is the first law, and to be honest, it is the easiest one to be accused of committing. Any type of physical contact, in the heat of the moment, can result in a simple battery charge. According to the code, a person is guilty of simple battery if he or she intentionally makes physical contact in an insulting or provoking nature with a person, or if physical harm is caused to another.
A shove during an argument or a hand placed firmly on another’s body during an altercation would be considered simple battery. The other party does not need to be injured or have any visible cuts or bruises for this law to apply. Every day in Georgia, people are booked into county jails for simple battery. Many are surprised that their actions, like pushing somebody away, landed them in jail.
What if you are involved in an altercation and the other person is hurt? That’s the next step up the ladder. Simple battery becomes battery. The difference between the two is visible bodily harm. A black eye, a bruise, or a swollen lip would result in the charge becoming battery. Simple battery and battery are misdemeanors.
These code sections also include language regarding charges against pregnant women, police officers and public officials. A person convicted of battery in those circumstances would face a harsher punishment.
The most serious charge in this area of the law is aggravated battery. If a person is seriously injured the felony charge of aggravated battery would apply. If somebody is accused of maliciously causing bodily harm or depriving another of the use a body part, the more serious charge would be pursued by the police. This code section also includes language regarding the serious disfigurement of another. A broken bone, injuries that require surgery or a permanent scar that changes one’s appearance would all be considered aggravated battery and could result in serious jail time.
Simple assault is an area of the Georgia Code closely related to the battery laws. It’s basically the attempt to commit battery against another. If you try and injure somebody, and aren’t successful, you’re not off the hook. Simple assault is the attempt to cause serious bodily harm or committing an act to put another in fear of serious bodily injury. If somebody is scared by your actions, even if you don’t touch them, you could be arrested for simple assault. Like battery, the charge is a misdemeanor.
The emotions caused by anger or a confrontation can be overwhelming. It’s important to remember that in Georgia, it’s not that hard to get arrested for battery. Just because you’re arrested, however, doesn’t mean you’re guilty. You have rights that are protected. If you find yourself accused of any crime, seek legal counsel before you start trying to explain what happened. You have the right to remain silent. If you start talking, those statements could end up being evidence against you at some point.
The attorneys at The Silverbach Group are on your side. If you find yourself in trouble with the law, don’t face it alone. You can reach The Silverbach Group at 770-635-0334 for immediate consultation and assistance.