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Forsyth County Battery Defense Lawyer

What is the Definition of Battery in Georgia?

As opposed to assault where just the threat of violence can result in charges, battery occurs when the violent act is actually carried out.

There are 3 types of battery charges in our state:

  • Simple Battery - Simple battery is charged when a person "intentionally makes physical contact of an insulting or provoking nature with the person of another" or "intentionally causes physical harm to another."
  • Battery - According to state law, it is the crime of battery if a person "intentionally causes substantial physical harm or visible bodily harm to another." The term "visible bodily harm" commonly means injuries such as black eyes, substantial bruises and the like.
  • Aggravated Battery - Aggravated assault contains the elements of maliciously causing bodily harm in the form of the loss of a member, rendering a member useless, or "seriously disfiguring" a person's body or a member there of.

Owing to the violent nature of battery crimes, the penalties can include loss of custody of your children, thousands of dollars for the damage caused and fines, court ordered counseling, mandatory community service and lengthy periods of incarceration in jail or prison. Additionally, your right to own--- or even possess--- a firearm can be taken away forever. With each type of battery charge, there are factors which can make the penalties more severe. Offenses committed against those who are 65 or older, correctional facility personnel, in combination with certain theft crimes, between family members and others circumstances can be punished by prison sentences up to 20 years.

How to Get Simple Battery Charges Dropped

Criminal defense attorneys have several options for defending against simple battery charges. Among the most common defense strategies are:

  • Self-defense: An attorney can argue that you were justified in using force to protect yourself if you were acting in self-defense when the battery occurred.
  • Defense of others: An attorney can argue that you acted in defense of others if you were defending someone else from harm when the battery occurred.
  • Lack of intent: Your attorney can argue that you didn't commit a battery if you didn't intend to do so or didn't possess the necessary intent to warrant charging.
  • Mistaken identity: It may be possible for your attorney to present evidence to show that you are not the person who committed the battery if you were incorrectly identified as the perpetrator.
  • Lack of evidence: When the prosecution has insufficient evidence to support the charges against you, your attorney can argue that the charges should be dropped.
  • Procedural issues: A procedural error or violation of your rights during the arrest or investigation process can lead your attorney to argue that the charges should be dismissed.

Defense strategies will vary depending on the specific facts of a case and the evidence available. It is possible to get the charges dropped with the help of an experienced criminal defense attorney.

Zeliff | Watson Battery Legal Counsel

Each of these battery charges are violent crimes which law enforcement and the justice system will vigorously prosecute. It requires an equally aggressive criminal defense attorney to effectively combat the case that will be pursued against you. Thorough investigation by the criminal defense team at Zeliff | Watson, along with complete case preparation is our keys to victory. Your defense begins with our no-charge consultation to review the situation and the strategies our experience shows are needed to produce the most favorable result possible in your case.

Contact a battery defense lawyer from our firm for help if you or a loved one faces prosecution for battery offenses. Our team at Zeliff | Watson has defended hundreds of battery cases and has the experience to help you out of your situation.

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