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.

Unlike the related charges of Battery and Aggravated Battery, typically simple battery does not result in serious physical injury. 

Simple Battery may include behavior like pushing or slapping, which may not result in visible bodily injury. Other actions that Georgia courts have held to satisfy the Simple Battery statute include:

• Juvenile defendant placed his hands in the victim’s pockets, despite the victim’s protests. In re D.M., 308 Ga.App. 589, 708 S.E.2d 550 (2011).
• Defendant spat upon other occupants of jail transport vehicle as well as a police officer. Williams v. State, 287 Ga.App. 40, 651 S.E.2d 347 (2007).
• Defendant sprayed victim with pepper spray. Dudley v. State, 242 Ga.App. 53, 527 S.E.2d 912 (2000).
• Defendant hit victim with a cardboard tube and cane. Vaughn v. State, 227 Ga.App. 318, 486 S.E.2d 607 (1997).

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.

Anyone convicted of aggravated stalking will be found guilty of a felony and can face imprisonment for no less than 1 year and no more than 10 years and a fine of no more than $10,000.00.

Because Simple Battery is, for the most part, a misdemeanor offense, sometimes people are tempted to treat it as a frivolous matter with no serious or lasting repercussions. This is a serious mistake. In most situations simple battery will remain on an individual’s criminal record. A competent and experienced Georgia Criminal Defense Attorney, however, can advise you of your options.

You may be eligible for a diversion or a first offender program that may be able to keep your record clean. This can be especially crucial for people in certain professions, especially those in the military, medicine, or childcare. That said, any criminal offense is potentially a serious problem. Call me today to discuss your options.