Have a criminal defense battery charge because of a misunderstanding with your girlfriend or boyfriend you are living with? Perhaps you had a criminal battery charge because of an argument with your wife? Are you a wife and had a criminal battery charge put on you for an argument with your husband? Did an argument escalate out of proportion?
What do you do? Get a lawyer.
What does Georgia law say that a battery is?
A battery is defined in the Georgia Statute under OCGA 16-5-23.1 as follows: “A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
“A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.”
What can I get if I get a battery? Will I get jail time if I get a battery?
The punishment depends on several factors, including whether this is your first, second, third, or more time getting a battery charge. Whether or not it is with a family member (which can include a person living with you in the same household). An example of a second family violence could be “Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.” O.C.G.A. 16-5-23.1 (f)(2).
An experienced attorney can give you a better explanation of what an outcome could look like for your particular case. Jail time can be reduced, or eliminated on some occasions. A person must speak with a legal analysis attorney to get legal advice on what to do.
It is scary to see a small argument escalate into a police arrest.
In an argument, there are two or more people. On occasion, one is arrested. In other circumstances, both or all parties are arrested. Each must usually get their own lawyer when there are multiple arrests. Battery charges occurred where you are living with a roommate, girlfriend, boyfriend, spouse, adult child, or other friend or family members can carry a more severe penalty. It is a scary situation to be in when you are arrested for a battery charge. However, the battery charge does not need to be faced alone. Your attorney can devise a plan specifically for your case so that you can get your life back together.
Steps your attorney can guide you through:
- Your attorney can obtain all of the police reports, incident reports, police video, police photographs, and any other information with your battery charge.
- Your attorney can help you verify the family violence intervention classes the court will order you to take as a condition of your bond.
- Your attorney will help you understand all of the special conditions of your bond for your battery charge.
- Your lawyer will help you obtain the documentation necessary so that you can request to not be present at the special status hearing prior to the arraignment court.
- Your lawyer will attend the (sometimes mandatory) arraignment (hearing) calendar with you and explain to you your charges.
- Your lawyer can put into perspective what the battery charge could result in, and give proper legal advice on how to proceed on the case.
- Your attorney can have a pretrial conference with the DA to get a better understanding of what the State wishes to do in your case.
- Your lawyer can have a pretrial conference with the DA to explain your side of the story.
There are much more things your attorney can do, but these are just a few of the most important steps your attorney will take a case that has battery charges.