Marietta Battery Lawyer

Battery is considered to be a violent crime, and a conviction can have numerous effects on your life. From potential jail time to permanent damage to your reputation, the consequences should mean that you immediately hire a Marietta battery defense lawyer for your case.

When you are seeking legal representation, look no further than Waid Law Firm. LLC. Addison Waid is an experienced former prosecutor who understands both sides of the criminal justice system. He knows how prosecutors think because he has handled thousands of cases in the Fulton County District Attorney’s Office. He combines his knowledge with an unyielding commitment to providing legal services with compassion and transparency.

Waid Law Firm, LLC is located at 399 Washington Ave NE, Marietta, GA 30060. Call us immediately at 470-458-9866 to schedule a free initial consultation to talk about your case.

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What Are the Elements of Battery in Georgia?

For you to be convicted of battery under Georgia law, the prosecutor must prove all of the following elements:

• Intent: The defendant must have intended to commit the harm to the alleged victim. Intent is determined by the defendant’s words, actions, conduct and demeanor that are associated with the act.
• Substantial harm: The victim must have suffered “substantial physical harm” or “visible bodily harm.” The former term is not defined under the statute (what is “substantial” is a matter of fact, and the injuries are not required to be permanent), while the latter requires that the bodily harm is capable of being perceived by a person other than the victim.

The key is that the prosecutor is able to prove that there was intent and the action resulted in substantial harm.

What Are The Types of Battery Under Georgia Law?

Georgia law divides battery into three general categories. There is a category of battery that you could be charged with, even if the victim has not suffered any type of substantial or visible harm. There is a category known as simple battery, and it involves intentionally making physical contact of an insulting or provoking nature with another person or intentionally causing physical harm to another person.

Battery is when you are alleged to have committed the actions described above, and there are no further aggravating factors present.

A charge can be upgraded to aggravated battery based on the severity of the victim’s injuries. If one has maliciously caused a serious injury such as depriving them of a member of their body, rendering a body part useless, or causing serious disfigurement.

Penalties for Battery Convictions

Simple battery are typically charged as misdemeanors in Georgia. Accordingly, like every other misdemeanor, a conviction can lead to a prison sentence of up to 12 months (although there is no certainty of jail time). If one is convicted of a second battery offense against the same person, there is a mandatory minimum sentence of ten days, which cannot be suspended, unless the judge determines that there would be an undue hardship for the defendant, or that there would be a failure of justice.

The consequences can rise significantly for other types of battery. Aggravated battery is punishable with a jail sentence of 1 to 20 years. There are enhanced penalties for battery convictions involving the following:

• Public safety and utility workers
• Family or household members
• Victims aged 65 or over
• Police officers

Defenses to Battery Charges

Since battery is a crime of intent, the first way to defend against these charges is to negate this elements. You did not act with intent under the following circumstances:

• Whatever conduct that happened was accidental in nature
• You were acting in self-defense or the defense of others
• There was no voluntary conduct, such as a reflexive motion
• There was no actual physical contact (which could still leave you facing an assault charge)

Whether the prosecutor can prove battery is a matter of the facts or circumstances of your individual case. The prosecutor must have credible evidence, such as witnesses and video footage of the incident.

Can Battery Charges Be Reduced or Dismissed?

While jail time is a possibility, it is not automatically ensured in a battery case. The prosecutor’s sentencing recommendation may be based on things like whether you have a prior criminal record and the severity of the alleged battery.

If you have been charged with battery or simply battery, the Georgia First Offender Act could help you avoid a conviction. If you have not been convicted of a felony before (or pled nolo contendre to that charge), you may qualify for more lenient treatment. The judge has the ability to set conditions that you must follow, such as participation in an anger management course and following all other laws. There is no assurance of qualifying for this treatment, but your Marietta criminal defense attorney can present your arguments to the court for why you should.

Contact a Marietta Battery Law Firm to Protect Your Legal Rights

Get the legal representation that you need in your case by reaching out to a Marietta battery attorney at Waid Law Firm, LLC. Timing matters, since your legal rights are on the line from the very beginning of your case. All you need to do is send us a message online or call us today at 470-458-9866 to schedule a free initial consultation with Addison Waid.