Simple Battery Charge
What is simple battery?Simple battery is the act of unlawful contact that is physical and is a criminal offense. It should not be confused with assault; the two are different in that assault is the apprehension of unlawful physical contact. The United States defines simple battery as the use of force against another individual which results in contact that is either offensive or harmful. The common law definition has little variation, and simply states that simple battery is any touching that is unlawful to the person of another individual by the individual that is aggressive or by any material that was set into motion by said individual. The Experts have been asked questions in regards to simple battery and simple battery charges, below are some of those questions with their answers.
In the state of Georgia is simple battery classified as a misdemeanor?In many cases the state of Georgia classifies simple battery as a misdemeanor. However if the battery is against a former spouse or someone that is living in the same household as the aggressor then it falls under Georgia Code Section 16-5-23 which states that battery against a former spouse or an individual that is living or has formerly lived in the household, will be punished for a misdemeanor that is high and is in an aggravated nature. The difference between the simple misdemeanor and the misdemeanor of high and aggravated nature is the punishments. A simple battery misdemeanor can carry a punishment of at the most a 12 month sentence and a thousand dollar fine. A simple battery misdemeanor that is high and aggravated in nature can carry a 12 month sentence and a five thousand dollar fine.
In the state of Florida what is the maximum penalty an individual can receive for simple battery charges when pleading guilty?In the state of Florida simple battery is a first degree misdemeanor charge. The maximum penalty for a simple battery charge, first offense, is one year of jail time and a one thousand dollar fine. However if an individual incurs a second offense, the second simple battery charge will become a third degree felony, and the penalty increases to a max of five years of jail time and a five thousand dollar fine.
In the state of Louisiana can individual who was convicted of simple battery have their record expunged?In the state of Louisiana if a person has been convicted of simple battery, they will be unable to get the simple battery expunged from their record. Only if the simple battery charges were dismissed, dropped, was never prosecuted, or the offense occurred when the individual was a juvenile are the simple battery charges able to be expunged. A conviction for simple battery cannot be expunged. The only way for an individual who has a simple battery conviction on their record to have it removed from their record is to apply for a pardon. However pardons are very difficult to get as they are granted on rare occasion.
Simple battery is a criminal offense that is made up of unlawful contact that is physical. In most cases simple battery is considered to be a misdemeanor charge, but in some states the statutes may delve further into the charges and the charges may be a higher level misdemeanor, or if it is a repeat offense it may become a felony. The penalties for a simple battery charge will vary from state to state depending on each state’s statutes. Any questions pertaining to simple battery and simple battery charges can be directed to the Experts.