Last updated: October 27, 2026
Georgia has three separate battery offenses: simple battery, battery and aggravated battery. Which one you are charged with depends mainly on how serious the injury was, and the difference can mean a misdemeanor or up to 20 years in prison. This guide compares the three under Georgia law, explains when a battery becomes a family violence offense or a felony, and outlines common defenses. You can also read about our battery defense.
Simple Battery (O.C.G.A. § 16-5-23)
A person commits simple battery by intentionally making physical contact of an insulting or provoking nature with another person, or by intentionally causing physical harm to another person. No visible injury is required; Georgia courts have held that pain alone can be enough (Meja v. State), but some physical contact is required (Hancock v. State, 1988).
Simple battery is normally a misdemeanor. It becomes a “high and aggravated” misdemeanor when the person harmed is 65 or older, pregnant, a police, correction or detention officer on duty, a public school employee on duty or on school property, a sports official, or a utility worker or code enforcement official on duty, when it happens on public transit, or when it occurs between family or household members (excluding siblings).
Battery (O.C.G.A. § 16-5-23.1)
Battery is more serious than simple battery. It requires that a person intentionally cause substantial physical harm or visible bodily harm to another. Visible bodily harm means harm that someone other than the victim can see, such as substantially blackened eyes, substantially swollen lips or other body parts, or substantial bruises (§ 16-5-23.1(b)).
- First conviction: misdemeanor.
- Second conviction against the same victim: 10 days to 12 months in jail and a fine up to $1,000. The 10-day minimum generally cannot be suspended, although a judge may allow weekend service or depart from it in cases of undue hardship.
- Third or later conviction against the same victim: felony, 1 to 5 years in prison.
- Against a teacher or school personnel on duty or on school property: 1 to 5 years in prison, a fine up to $10,000, or both.
- Against a pregnant woman, on public transit, or against a sports official, utility worker or code enforcement official: high and aggravated misdemeanor.
Family violence battery
When a battery is committed between “household members” (past or present spouses, parents of the same child, parents and children, step-relations, foster relations, or others who live or lived in the same household), it is charged as family violence battery (§ 16-5-23.1(f)). A first conviction is a misdemeanor, unless the person has a prior forcible felony conviction against a household member, in which case it is a felony. A second or later conviction of family violence battery, against the same or a different victim, is a felony punishable by 1 to 5 years. Family violence cases also carry special bond conditions and other consequences; see our guide to Georgia’s Family Violence Act.
Aggravated Battery (O.C.G.A. § 16-5-24)
Aggravated battery is a felony. It is committed when a person maliciously causes bodily harm to another by depriving them of a member of their body, rendering a member of their body useless, or seriously disfiguring their body or a member of it. Georgia courts have held that the disfigurement does not have to be permanent (In re H.S., 1991), that total loss of a body part is not required (Taylor v. State, 1986), and that serious internal injuries shown on X-ray can qualify (Weaver v. State, 2019). A broken nose has been found sufficient in some cases.
| Aggravated battery (O.C.G.A. § 16-5-24) | Prison range |
|---|---|
| Most cases | 1 to 20 years |
| Between family or household members (excluding siblings); against a healthcare or emergency worker on a hospital campus; against a utility worker or code enforcement official on duty | 3 to 20 years |
| Against a person 65 or older; on public transit; against a student, teacher or school staff in a school safety zone | 5 to 20 years |
| Against a public safety officer on duty | 10 to 20 years, with a 3-year mandatory minimum for persons 17 or older, plus a fine of at least $2,000 |
Side-by-Side Comparison
| Simple battery | Battery | Aggravated battery | |
|---|---|---|---|
| Harm required | Insulting or provoking contact, or physical harm | Substantial physical harm or visible bodily harm | Loss or uselessness of a body part, or serious disfigurement |
| Mental state | Intentional | Intentional | Malicious |
| Basic classification | Misdemeanor | Misdemeanor | Felony |
| Basic penalty | Up to 12 months | Up to 12 months; felony on third conviction against same victim | 1 to 20 years |
Battery vs. Assault
Assault and battery are different crimes in Georgia. Assault, including aggravated assault, does not require any physical contact; it can be an attempt to injure or an act that puts someone in reasonable fear of immediate injury. Battery requires contact or actual harm. Read more about aggravated assault in Georgia.
Common Defenses to Battery Charges
- Self-defense or defense of others under O.C.G.A. § 16-3-21. In some cases, a pretrial motion for immunity can end the case before trial.
- The harm does not meet the required level. For example, the injury may not be “visible bodily harm” for battery, or not “serious disfigurement” for aggravated battery.
- No intent or malice. Accidental contact is not battery.
- False or exaggerated accusations, which are common in disputes between partners or family members. See defending against false allegations of simple battery.
- Wrong relationship category. A family violence enhancement requires proof of a qualifying household relationship.
Frequently Asked Questions
Is battery a felony in Georgia?
Simple battery and a first battery conviction are misdemeanors. Battery becomes a felony on a third conviction against the same victim, and family violence battery becomes a felony on a second conviction. Aggravated battery is always a felony.
What is the difference between simple battery and battery?
Simple battery covers insulting or provoking contact or any physical harm. Battery requires substantial physical harm or visible bodily harm, such as a black eye or substantial bruising.
What counts as aggravated battery?
Maliciously causing someone to lose a body part, lose the use of a body part, or be seriously disfigured. The disfigurement does not have to be permanent.
Talk to a Defense Attorney
The Law Office of Jennifer Scalia represents people charged with simple battery, battery, family violence battery and aggravated battery in Cumming and across Forsyth, Hall, Dawson and Lumpkin counties. Call (470) 505-9791 for a free, confidential consultation.
Sources: O.C.G.A. §§ 16-5-23, 16-5-23.1 and 16-5-24 (2025 code, including the 2026 amendments) and 16-3-21; Georgia appellate decisions cited above.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, so please contact the Law Office of Jennifer Scalia for advice about your specific situation.
