Quick Answer: How Long Does Simple Battery Stay On Your Record?

What happens when someone slaps you hard?

‘ Doctors say hitting someone on the face is very dangerous compared to other parts of the body.

A hard slap cannot only damage any of these parts but also affect the blood flow from the heart,” said a neurologist who did not want to be named as this was a medico-legal case..

How long can you get for simple battery?

one yearSimple battery as a misdemeanor crime will usually result in small criminal fines, and/or a maximum jail sentence of one year. Additionally, misdemeanors may be eligible for expungement from a criminal record after some time, given that the defendant has fulfilled their sentencing terms.

Can you have assault without battery?

While assault and battery are often treated as a single act, the two can be mutually exclusive. In other words, one can assault a person without committing a battery. Likewise, a person can commit a battery without assaulting that person.

What is the Romeo and Juliet law in Georgia?

Named after the infamous literary couple, Georgia’s Romeo and Juliet Law applies to consensual sexual intercourse between a plaintiff who is 14 to 16 years old and a defendant who is 18 years old or younger and no more than 4 years older than the plaintiff. … The penalties for rape are tough in Georgia.

Is simple battery a felony in Georgia?

In Georgia, we have added simple battery, which is always a misdemeanor, but can be “high and aggravated.” Battery in Georgia can be a misdemeanor or felony, depending on the circumstances and who the victim may be. Aggravated battery (OCGA aggravated battery, Section 16-5-24) which is always a felony.

How serious is assault and battery?

Felony assault and battery are very serious charges; a conviction for one of these crimes can seriously impact your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment.

How do you prove a battery?

To prove that criminal battery has occurred, the prosecution must demonstrate the following:The defendant engaged in a voluntary physical act;The voluntary physical act involved the application of force to another person; … The application of force resulted in contact that was either harmful or offensive to the victim;Jan 14, 2020

Can I expunge a battery charge?

Many states allow you to expunge a battery offense off of your criminal record. … The first step to expunging your battery offense is to take our online eligibility test. It is state specific and will tell you if your battery conviction can be expunged in the state that you were convicted.

What is the penalty for simple battery in Georgia?

Penalty for Simple Battery in Georgia. The penalty if found guilty of simple battery is a misdemeanor. The consequences may include confinement of up to one year and a fine up to $1000. However, there are certain situations in which the conviction will be escalated to a misdemeanor of a high or aggravated nature.

How do you convince a prosecutor to drop charges?

A knowledgeable DV attorney can be critical in getting a charge dropped because s/he can:try to directly persuade a prosecutor that a charge should be dropped,cast doubt on an accuser,highlight conflicting evidence, and.provide a reality check on the potential success of brining a charge.Feb 9, 2019

What is the difference between the crime of assault and the crime of battery?

In an act of physical violence by one person against another, “assault” is usually paired with battery. In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.

Is threatening to slap someone a crime?

Someone telling you they are going to slap you, if they are in close distance to you and appear to be able to immediately carry out the threat is called assault. … If they threaten to hit you, and don’t, that is assault without the battery. Both are torts.

What happens if you get charged with battery?

If a battery results in serious bodily injury, it can also be charged as a misdemeanor or a felony under California Penal Code Section 243(d). If charged as a misdemeanor, it can carry up to one year in county jail. … Upon a third strike conviction, a person can be sentenced to prison for 25 years to life.

How do I clean up my record?

A criminal record can be cleared in one of two ways: either by having the record sealed or getting the crimes expunged. The difference between the two is that the former closes off the record from public access, whereas the latter makes it seem as if the conviction or arrest never existed.

Which is worse assault or battery?

The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.

How much is bond for simple battery in Georgia?

1 attorney answer If this is for a misdemeanor battery charge, it will often be somewhere around $1,000-$3,000 – however, this is dependent on the person’s criminal history, how severe any injuries were, and other facts related to the case.

How serious is a battery charge?

Aggravated battery is a very serious felony charge; conviction of this crime can seriously affect your life. You could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment.

Does a slap count as assault?

Simple and Aggravated Assault Simple assault, usually charged as a misdemeanor, is the least serious form of assault. It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.

Is simple battery considered a violent crime?

Simple assault is defined as a verbal or physical threat of violence by an individual capable of carrying the act out which creates a reasonable amount of fear in which an act of violence is not committed. Simple battery is when the act of violence is carried out and physical harm is inflicted upon a person by another.

Can I go to jail for slapping my boyfriend?

Harassment would be a fine and the assault charge could have jail time assessed. … It’s called “Assault” or “Battery” depending on the state. Depending how seriously the person is hurt and how good your lawyer is, it can be a minor charge, but don’t count on it. You can do jail time.