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forsyth county Battery attorney

Battery is a violent crime that is a serious charge in Georgia.

Battery is a crime that is the actual act of causing substantial physical harm or visible bodily harm. Many times when someone is charged with Battery or Simple Battery, it is accused as an act of domestic violence and falls under the Family Violence Act.

There are many types of Battery. Simple Battery, Battery, and Aggravated Battery are a few.

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Tanyard Oaks Office Park 327 Dahlonega Street Suite 1600 Cumming, Georgia 30040


(770) 886-4646



Simple Battery and Family Violence

Georgia Code § 16-5-23 defines Simple Battery as when someone intentionally makes physical contact, does make physical contact of an insulting or provoking nature, or intentionally causes bodily harm to another. This is punishable with up to one year in jail and fines and often requires the paying of restitution to the victim for any damages they suffered.

The term “Family Violence” or “Domestic Violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.

  1. Any felony; or
  2. Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
It further defines certain types of simple battery as a misdemeanor of a high and aggravated nature, for example, when it involves a person 65 years or older, or a pregnant woman, or a police officer during the performance of their duty.


A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. This too could fall under the Georgia Family Violence Act.

Aggravated Battery

Aggravated Battery is a more serious crime and is a felony with jail time of up to 20 years in prison and high fines. Georgia Code§ 16-5-24 defines Aggravated Battery.

Some examples of Aggravated Battery could include:

– Hitting a person with a weapon or dangerous objects such as a blackjack or a bat,
– There can be enhanced penalties for aggravated battery against particular people groups that are protected, such as police officers, healthcare providers, social services workers, or the elderly and developmentally disabled,
– An aggravated battery that resulted in the victim suffering permanent disfigurement or another serious physical injury, or;
– An altercation in which the victim suffers temporary disfigurement.

The aggravated battery crime does not require a victim’s disfigurement to be permanent. However, the injury must be more severe than a superficial wound.

Contact Vic Wiegand — An experienced Cumming Criminal Defense Lawyer

If charged with any type of Battery or other related crimes, you will need a good criminal defense attorney. The Law Office of Vic Wiegand, Esq., is a full-service criminal defense law practice with offices in Cumming, Georgia, 40 miles northeast of Atlanta.

We handle all types of criminal charges, from simple assault to the most serious and complex felony aggravated battery cases. We serve clients throughout Forsyth County and in nearby communities, including Cumming, Dawsonville, Dahlonega, and the North Metro area.

With nearly 25 years of experience practicing Criminal Defense Law, Attorney Wiegand is well known in the Forsyth County Court system and has often used his professional skills to negotiate charges to be dropped or for lesser penalties. He is a courtroom-tested trial lawyer with a proven record of achieving excellent results.

Contact our offices by calling 770-886-4646.

I consider trial by jury as the only anchor ever yet imaged by man, by which a government can be held to the principles of its constitution.

– Thomas Jefferson



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Our Law office is located a few blocks from the Forsyth County Courthouse. Contact Us today for more information.

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