Defending Battery And Aggravated Battery Cases In Cobb County And In The Atlanta-Metropolitan Area
There Are 3 Different Types Of Battery Charges
A person who is not familiar with the criminal justice system or any of its nuances may assume that a charge of battery only applies to a case where a few people got into a physical altercation. Legally, however, the definition of battery is much more broad and is classified in different ways, with each carrying their own requirements and potential consequences.The first step, therefore, is to know the different ways this crime can be charged so you can recognize which category your particular case falls into. The three different types of battery ae described below.
Simple Battery
The Offense
Georgia Code 16-5-23 provides that a person commits the crime of simple battery when that person either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.
Just as the crime of assault deals with an attempt to inflict bodily injury, the crime of simple battery is charged when unwanted physical contact actually takes place. A useful definition of battery was formulated by a Georgia court way back in 1938, when it held that battery is "any act of physical violence inflicted on the person of another, which is not necessary, is not privileged, and which constitutes a harmful or offensive contact constitutes an [assault] and battery." Brown v. State, 57 Ga. App. 864.
Sentencing Range
Except in unique circumstances where it is punishable as a misdemeanor of a high and aggravated nature, the crime of simple battery is a misdemeanor and carries a potential sentence of 12 months in custody, a $1,000.00 fine, or both.
The Alleged Victim Was Not Injured In Any Way. Why Am I Charged With Simple Battery?
Causing physical harm is only one of the two ways a person can commit the crime of simple battery. A charge of simple battery can also be sustained if a person makes contact 'of an insulting or provoking nature.' This crime is different than simple assault in that physical contact is required to prove simple battery. Hancock v. State, 188 Ga. App. 870 (1988). And as stated, there is no requirement that the victim receive great bodily harm. Mize v. State, 135 Ga. App. 561 (1975). The charge merely consists of all forms of prohibited contact and is not limited to contact that causes substantial or visible harm. Lawson v. State, 274 Ga. 866 (2002).
Consider the following two different examples, both of which may constitute a case of simple battery:
(1) An individual shoves another person in the shoulders. Even though the person may not have felt any pain or sustained any injuries, the mere act of shoving that person could constitute the contact of an 'insulting or provoking nature that is required under the law.
(2) An individual grabs and twists a person's wrist with a lot of force. As a result, there are visible marks on the wrist and the person felt pain during the event. That act may be enough to prove the charge of simple battery because Georgia courts have held that mere pain is sufficient to show physical harm for purposes of simple battery. Meja v. State, 232 Ga. App. 548 (1998).
Battery
The Offense
Georgia Code 16-5-23.1(a) provides that a person commits the crime of battery "when he or she intentionally causes substantial physical harm or visible bodily harm to another."
When considering the term "substantial physical harm," Georgia courts have held that whether or not a victim of intentional injury by another heals from the injury is not the test of whether the victim suffered substantial bodily harm. Richards v. State, 222 Ga. App. 853 (1996). In addition, the law defines the term “visible bodily harm” as bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
Sentencing Range
Misdemeanor Sentence
A first conviction is is misdemeanor and carries a possible sentence of 12 months in custody, a $1,000.00 fine, or both.
If a person is convicted for a second time for battery against the same victim, then he shall be sentenced by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, the judge may allow this time to be served on weekends or during the non-working hours of the defendant. The judge may also suspend this minimum sentence if a finding is made that it would cause an undue hardship on the defendant.
Felony Sentence
If a person is convicted for a third time for battery against the same victim, then he shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
Aggravated Battery
The Offense
Georgia Code 16-5-24 provides that a person commits the crime 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.
As you can see, the critical difference between a charge of misdemeanor battery and aggravated battery, which is a felony offense, is the amount of bodily harm that is inflicted.
Sentencing Range
In all cases, the offense of aggravated battery is a felony. Except in unique cases as described in the statute, in most cases a person convicted of the offense of aggravated battery shall be punished by imprisonment for not less than one nor more than 20 years.
What Does The Term 'Seriously Disfiguring' Mean Under The Law?
There is no set definition for this term under Georgia law. As with other types of charges, it really does depend on the particular circumstances of each case. Courts have held that for purposes of aggravated battery, a victim's injuries do not have to be actually visible from the outside of a person's body. Weaver v. State, 351 Ga. App. 167 (2019). For example, serious injuries and documented medical damage to internal organs can be sufficient to show serious disfigurement. Additionally, for purposes of aggravated battery, “serious disfigurement” may be proven when serious damage or injury occurred to a person's body or a part of a person's body, which affected the appearance of the body or body part.
The Injury Wasn't That Serious And It Healed Months Ago. If Anything, This Should Be Charged As A Misdemeanor.
Again, this charge largely depends on the unique facts and circumstances of each individual case. But it is important to note that courts in Georgia have been very comfortable upholding aggravated battery convictions in cases where the injuries do not seem that "serious." For instance, courts have held that there is no requirement under the law that the injury be permanent. So, even in a case where the injury has long since healed, an aggressive prosecutor can still charge you with aggravated battery if he or she feels that the facts support such a charge.