Simple Battery

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Simple Battery

According to O.C.G.A. § 16-5-23, a person commits simple battery when he or she:

  • Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
  • Intentionally causes physical harm to another.

Typically simple battery does not result in serious physical injury.  It may include behavior like pushing or slapping, which may not result in visible bodily injury.

While most simple battery offenses are misdemeanor offenses, that is not to say that they cannot have serious repercussions.  Even misdemeanor offenses remain on a person’s record.  There are also several circumstances under which Simple Battery may be treated as High and Aggravated Misdemeanor.  This means that the potential penalties are higher than they would be for a regular misdemeanor.

Penalties for Simple Battery Convictions

Offense Classification Penalty for Conviction
Simple Battery (No Aggravating Factors) Misdemeanor Up to 12 months jail time and/or a fine of up to $1,000
Simple Battery Against a Person 65 Years or Older High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Simple Battery Against a Pregnant Female High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Simple 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
Simple Battery Against Police Officer, Corrections Officer, Detention Officer who is Engaged in Official Duties. High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Simple Battery Between Family Members1 High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Simple 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 High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000
Simple 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
Simple Battery Against School Official While on School Property (Includes School Buses or Bus Stops) High and Aggravated Misdemeanor Up to 12 months jail time and/or a fine of up to $5,000

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

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