Battery

In order to commit a Battery under O.C.G.A. § 16-5-23.1, a person must intentionally cause substantial physical harm or visible bodily harm to another.  This physical harm must be perceptible by another person (other than the victim) and may include a black eye, swollen lip, or substantial bruising.  It is not, however, limited to these injuries.  This damage need not be permanent (and, if the damage is permanent, prosecutors will often charge the defendant with Aggravated Battery).

Battery may be charged as a misdemeanor or as a felony, depending on the circumstances surrounding the case, who the alleged victim is, and where the offense allegedly occurred.  While even a misdemeanor battery charge is not something to be taken lightly, a felony battery conviction carries the potential for even more serious punishment.

Penalties for Battery Convictions

Offense Classification Penalty for Conviction
Battery (No Aggravating Factors) Misdemeanor Up to 12 months jail time and/or a fine of up to $1,000
Second Battery Against Same Victim Misdemeanor At least 10 days but not more than 12 months imprisonment and a fine of up to $1,000, or both.
Third or Subsequent Battery Against Same Victim Felony At least 12 months but not more than 5 years imprisonment
Battery Against a Person 65 Years or Older (except where that person is a member of the same household, in which the Family Violence section applies – click here) High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Battery Against a Pregnant Female High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Battery in a Public Transit Vehicle or Station High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Battery Between Household Members Click here for information about Family Violence – Battery Click here for information about Family Violence – Battery
Battery by Employee of a Long-Term Care Facility, Assisted Living Community, Personal Care Home, or Home Health Care or Hospice Organization, Against a Person Receiving Care from Such an Organization Felony At least 12 months but not more than 5 years, or a fine of not more than $2,000, or both.
Battery Against Sports Official (Referee, Umpire, or Officiate at Any Level) High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Battery Against School Official While on School Property (Includes School Buses or Bus Stops) or While School Official Engaged in Official Duties Felony At least 12 months but not more than 5 years or a fine of not more than $10,000, or both.

Crimes Against the Person Practice Areas

  • Family Violence Cases
  • Assault
  • Simple Battery
  • Battery
  • Aggravated Battery
  • Kidnapping
  • False Imprisonment
  • Interference with Custody
  • Cruelty to Children
  • Stalking
  • Homicide

Learn More