Being accused of battery often feels like a nightmare you can’t escape. You may feel anxiety about the unknown, shame from public judgment, and fear about your future. At Speights Law, we don’t just handle your case—we support you through the emotional and practical challenges of this difficult time.
We aim to give you the confidence that comes with knowing you have a fierce advocate in your corner. Our Cumming criminal defense lawyers understand the challenges you’re facing and will stand by your side to protect you. Even if you haven’t been formally charged, we encourage you to secure legal representation now.
As advocates with over 122 years of combined legal experience, our team—made up of former prosecutors and skilled trial lawyers—will fight for the best outcome. You can learn how our Cumming battery defense lawyers provide representation during a free consultation.
Defining What Battery Is Under Georgia Law
Battery is defined under Georgia law as intentionally causing physical harm or visible injury to another person. The harm doesn’t have to be severe, but it must be more than a mere offensive touch.
Georgia law distinguishes between three levels of battery:
- Simple battery occurs when someone intentionally makes physical contact of an insulting or provoking nature or causes physical harm. Example: Pushing someone during an argument or slapping someone in a heated dispute.
- Battery involves intentionally causing substantial physical harm or visible bodily harm, such as bruises, swelling, or cuts. Example: Leaving bruises or scratches on another person during a confrontation.
- Aggravated battery occurs when someone maliciously causes another person serious injury, such as disfigurement, the loss of a body part, or the loss of a body part’s function. Example: Breaking someone’s bones during a fight or using a weapon to inflict harm.
Penalties Vary According to the Kind of Battery Charge You’re Facing
The penalties for battery in Georgia depend on the type and severity of the charge:
- Simple battery is generally a misdemeanor, carrying a penalty of up to 12 months in jail and a $1,000 fine. However, enhanced penalties apply if the victim is a family member, law enforcement officer, or someone in another protected category.
- Battery is typically treated as a misdemeanor with penalties similar to simple battery for a first offense. In certain cases, such as when the victim is a pregnant woman or public official, the charge can be elevated to a felony, resulting in a prison sentence of one to five years.
- Aggravated battery, the most serious form of the offense, is always a felony. It carries a punishment of one to 20 years in prison, with the exact sentence depending on factors such as the use of a weapon or the victim’s age.
Convictions for any level of battery can also lead to long-term consequences, including a permanent criminal record. Understanding the specific charge you face is important, as the penalties, defenses, and long-term consequences vary significantly for each level of battery.
Our battery charges defense attorneys in Cumming will clarify the charges and build a defense tailored to your circumstances.
Our Cumming Battery Defense Attorneys Will Craft Your Defense
At Speights Law, we understand that every battery case is unique. Whether you’ve been wrongfully accused, acted in self-defense, or made a mistake in a heated moment, we will present your case to make sure your story is heard, and we will seek the best outcome.
Our team’s experience includes decades of criminal defense, trial advocacy, and insider knowledge as former prosecutors. We will dismantle the prosecution’s case and build a robust defense strategy.
When we represent you, we will guide you through every stage of the legal process. Our approach includes:
- Analyzing the evidence: We’ll meticulously review police reports, witness statements, and video footage to uncover inconsistencies or weaknesses in the prosecution’s case.
- Challenging intent: Intent is critical in battery cases. We’ll investigate whether the incident was accidental, provoked, or based on false accusations.
- Developing a custom defense strategy: Depending on your case, we might argue self-defense, lack of intent, or insufficient evidence to cast doubt on the charges.
- Pretrial motions: Our attorneys will file motions to suppress unlawfully obtained evidence, seek dismissal of charges, or limit the use of prejudicial evidence in court.
- Negotiating a plea deal: If a trial isn’t in your best interest, we’ll work with prosecutors to negotiate reduced charges or lighter penalties, keeping your long-term goals in mind.
We Can Handle Your Appeal
If your case ends in a conviction, we can evaluate your case for a potential criminal appeal in Georgia and manage the entire appeals process on your behalf.
From the moment you hire our attorneys, you’ll have a clear understanding of your case, laws such as Ga. Code § 16-5-23.1, your options, and what to expect.
Regular communication is a cornerstone of our practice, and you’ll never feel left in the dark. Call us today to start on your case during a free consultation.
Common Defenses in Battery Cases
Defending against battery charges requires a carefully tailored strategy based on the facts and circumstances of the case. Our experienced battery defense lawyers in Cumming will develop a defense strategy designed to challenge the prosecution’s claims and protect your rights.
Common defenses in battery cases include:
- Self–defense: Arguing that you acted to protect yourself from an immediate threat of harm. We will demonstrate that the force used was reasonable and proportional to the perceived danger.
- Defense of others: Showing that you acted to protect another person who was in imminent danger of being harmed.
- Lack of intent: Proving that any contact was accidental and not intentional, which is a crucial element of a battery charge.
- Consent: Arguing that the alleged victim consented to the physical contact, such as in a consensual fight or during a sports activity.
- False accusations: Establishing that the alleged victim fabricated the incident due to motives such as revenge, jealousy, or financial gain.
- Insufficient evidence: Highlighting weaknesses in the prosecution’s case, such as unreliable witness testimony or lack of physical evidence, to create reasonable doubt.
- Mistaken identity: Proving that you were not the person who committed the act, especially in cases with unclear or conflicting witness accounts.
- Provocation: While not always a complete defense, showing that the alleged victim provoked the incident may help mitigate charges or penalties.
Our attorneys will craft a defense strategy tailored to your unique situation, aiming to secure a favorable outcome, whether that involves reduced charges, a dismissal, or acquittal at trial.
Call for Help from Our Cumming Battery Defense Lawyers
If you’re facing battery charges, time is critical. The sooner you secure representation, the sooner you will have a legal professional looking out for you.
Our Cumming battery defense lawyers will build a case to protect your future and fight tirelessly for the best outcome. Contact us today for a free consultation where you can discuss your case and explore your options. We are ready to take the first step toward defending your future.
