Misdemeanor Defense

Importantly, simple battery does not necessarily require a visible injury. Physical contact may be sufficient to support a simple battery charge, even when the alleged victim does not suffer significant or readily visible injuries.

A conviction for simple battery may result in:

• Jail time
• Fines and court costs
• Probation
• A permanent criminal record

Certain circumstances can also elevate simple battery from a misdemeanor to simple battery of a high and aggravated nature, which can carry more serious consequences. For example, Georgia law provides enhanced treatment for certain offenses involving victims who are 65 years of age or older, pregnant, public-school employees, and other protected individuals or circumstances.

Simple Assault vs. Simple Battery vs. Battery

It's worth clarifying that people often use the terms assault, battery, and simple battery interchangeably in everyday conversation. Under Georgia law, however, these offenses have different legal definitions and requirements.

Simple Assault

Simple assault generally involves either an attempt to commit a violent injury against another person or an act that places another person in reasonable apprehension of immediately receiving a violent injury.

Importantly, simple assault does not require physical contact. For example, attempting to strike someone or making a threatening gesture that causes the person to reasonably anticipate immediate violent injury may constitute simple assault under Georgia law.

Simple Battery

Simple battery involves either intentionally making physical contact with another person that is insulting or provoking, or intentionally causing physical harm to another person.

Unlike simple assault, simple battery involves actual physical contact or physical harm. However, the alleged victim does not necessarily have to suffer a significant or visible injury for conduct to constitute simple battery.

Battery

Battery is a more serious offense than simple battery because it involves intentionally causing substantial physical harm or visible bodily harm to another person.

Georgia law defines visible bodily harm as bodily harm that can be perceived by someone other than the victim. Examples may include bruising, swelling, or other observable physical injuries.

Aggravated Assault

Aggravated assault is a felony offense in Georgia and is generally more serious than simple assault or simple battery.

Georgia law defines aggravated assault to include an assault committed with the intent to murder, rape, or rob; with a deadly weapon or other object, device, or instrument that is likely to or actually does result in serious bodily injury; with an object, device, or instrument used in a manner likely to or actually resulting in strangulation; and, in certain circumstances, by discharging a firearm from a motor vehicle toward a person, an occupied motor vehicle, or an occupied building.

An aggravated assault charge does not necessarily require the alleged victim to suffer an actual injury. The nature of the alleged assault and the circumstances surrounding it may be sufficient to establish the offense.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

The charge of disorderly conduct is brought against individuals whom the State alleges have engaged in violent or tumultuous behavior that endangers or threatens to endanger another person or their property. In some circumstances, aggressive, threatening, or provocative language directed at another person may be sufficient to support a disorderly conduct charge. These charges sometimes overlap with public drunkenness, which is a separate offense under Georgia law.

In a disorderly conduct case, the prosecution must establish that the defendant's conduct satisfies the requirements of Georgia law. Depending on the circumstances, this may involve showing that the conduct caused another person to reasonably fear for their safety. These arrests often arise from heated arguments or confrontations, making the responding officer's report and the statements of witnesses particularly important when evaluating the case. Because disorderly conduct can encompass a broad range of behavior, it is a common charge in Georgia.

The potential penalties for disorderly conduct in Georgia include:

• A fine of up to $1,000
• Up to 12 months in jail

A common scenario in which disorderly conduct charges arise is a domestic dispute. Television often portrays police officers asking a victim whether they want to press charges. In reality, the decision to prosecute generally rests with the State, not the alleged victim. Even when a victim does not wish to pursue charges, the State may still move forward with the case.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

There have even been instances of social media influencers promoting so-called “hacks” that involve switching price tags on merchandise. For example, a person might switch the price tags on regular avocados and more expensive premium organic avocados to pay less than the actual price of the merchandise. Intentionally switching price tags to obtain merchandise at a lower price can constitute theft by shoplifting under Georgia law. Some stores also use sophisticated surveillance systems capable of tracking customers throughout the store and documenting their actions, including attempts to switch price tags.

Theft by shoplifting is often prosecuted as a misdemeanor when the value of the merchandise is $500 or less. However, certain circumstances can elevate the offense to a felony. Under Georgia law, shoplifting merchandise valued at more than $500 can be charged as a felony, even for a first offense. Qualifying thefts involving multiple stores or incidents over a specified period may also be aggregated to meet the felony threshold.

Prior convictions can significantly increase the potential penalties. A second shoplifting conviction can carry a mandatory fine of at least $500, while a third conviction carries additional mandatory sentencing requirements. A fourth or subsequent qualifying conviction is a felony, regardless of the value of the merchandise involved, and can carry a prison sentence of one to ten years. These penalties make it important to understand the specific allegations and any prior convictions that may affect a case.

Whether you are facing a misdemeanor or felony charge, a conviction can have consequences that extend well beyond the courtroom, including:

• Potential jail or prison time
• Fines, court costs, and restitution
• Probation and other court-imposed conditions
• A criminal record that may affect future employment, housing, professional licensing, and educational opportunities

Shoplifting accusations do not always tell the whole story. A misunderstanding at checkout, a disputed transaction, or questions about a person's intent can make a significant difference in a case. We carefully examine the evidence against you, including surveillance footage, witness statements, receipts, transaction records, store procedures, and the valuation of the merchandise. By identifying weaknesses in the prosecution's case and evaluating the available defenses, we work to protect your rights and pursue the best possible outcome.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

While some cases involve allegations of property damage or entering property without permission, many stem from complex disputes over being asked to leave. A conviction carries penalties that can disrupt your life, including:

• Potential jail time
• Heavy fines and restitution
• Probation
• A permanent criminal record

We often see these charges arise from heated domestic disputes or simple misunderstandings. For example, you may be accused of trespassing after an argument even if you have been living at the residence. Determining whether you had a legal right to be on the property requires a careful review of the facts, including evidence of residency and the specific circumstances of the allegation.

We know that these situations are highly emotionally charged. We carefully examine the evidence against you to protect your rights and identify weaknesses in the prosecution's case. Facing criminal charges is an incredibly stressful experience, but you do not have to walk into the courtroom alone. Let us stand by your side.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

While it may seem like a minor offense, a conviction can result in:

• Potential jail time of up to 12 months
• Fines of up to $1,000
• Probation, mandatory community service, and random drug testing
• A permanent criminal record that can affect future employment, housing, and educational opportunities

A single mistake should not define your entire future. In some cases, first-time offenders may be eligible for a pretrial diversion program or another alternative resolution to protect their record, though these options are never guaranteed. We carefully examine the evidence against you, including the legality of any searches or traffic stops, to protect your rights and identify weaknesses in the prosecution's case. Facing criminal charges is an incredibly stressful experience, but you do not have to walk into the courtroom alone. Let us stand by your side.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.