There are several different types of batteries in Georgia. It’s important to know the difference between them, and the different penalties associated with them. In this blog, we’ll discuss simple and aggravated battery. Keep reading to learn more about simple and aggravated battery under Georgia law.
What is Simple Battery?
According to O.C.G.A. § 16-5-23, a person commits simple battery when they:
- Intentionally make physical contact of an insulting or provoking nature with the person of another; or
- Intentionally cause physical harm to another.
Unlike the related charges of battery and aggravated battery, simple battery typically does not result in serious physical injury.
What are the Penalties for Simple Battery?
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 a high and aggravated misdemeanor. This means that the potential penalties are higher than they would be for a regular misdemeanor. Some of these penalties are detailed below:
| 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 Members* | 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 |
What is Aggravated Battery?
Under O.C.G.A § 16-5-24, a person commits an aggravated battery when they “maliciously cause[] bodily harm to another by depriving [them] of a member of [their] body, by rendering a member of [their] body useless, or by seriously disfiguring [their] body or a member thereof.”
The law does not require that the injury sustained be permanent, and therefore temporary serious disfigurement may be sufficient to constitute an aggravated battery. See In the Interest of H.S., 199 Ga. App. 481, 405 S.E.2d 323 (1991).
What are the Penalties for Aggravated Battery?
Aggravated battery is the most serious of the battery-related charges. Unlike simple battery and battery, aggravated battery is always a felony offense. As such, it always carries a minimum sentence of one year, although actual sentences usually run much higher depending on the accused person’s criminal history, the seriousness of the injury, and any other aggravating factors. The penalties for different types of aggravated battery are detailed below:
| Offense | Penalty for Conviction |
|---|---|
| Aggravated Battery | At least 1 year of but not more than 20 years of imprisonment |
| Aggravated Battery Upon Public Safety Officer Who Is Engaged in Official Duties (or Who Is Targeted Because He/She is a Police Officer) | At least 10 years but not more than 20 years of imprisonment. For individuals aged 17 or older, at least 3 years of such time must be served in prison and may not be probated (unless the State and the Defense have agreed otherwise). A fine of at least $2,000 is also required. |
| Aggravated Battery Upon Person 65 Years of Age or Older | At least 5 but not more than 20 years of imprisonment. |
| Aggravated Battery in a Public Transit Vehicle or Station | At least 5 but not more than 20 years of imprisonment. |
| Aggravated Battery Upon A Student, Teacher, or Other School Personnel within a School Safety Zone | At least 5 but not more than 20 years of imprisonment. |
| Aggravated Battery Between Family Members | At least 3 but not more than 20 years of imprisonment. |
Have Questions? Give Me a Call!
It is essential to speak with an experienced Georgia criminal defense attorney who knows the law surrounding battery cases, can competently evaluate the available defenses, and can advise you of the possible penalties in your jurisdiction. Call me today to discuss your options!
