Simple Battery is a misdemeanor offense in Georgia that carries up to one year in the county jail upon conviction. However, the sentencing range for a first offense is generally probation for a year with a minimal jail sentence. Much depends on your particular situation and the posture of the victim, the arresting officer and/or prosecutor. In simple battery situations, the alleged victim's input can often sway a prosecutor either to drop the charges or increase the sentencing range that the State will seek before the court.
Your friend should consult an attorney to determine if there are any viable legal defenses such as provocation or self-defense. Likewise, an attorney will be able to negotiate on your friends behalf in order to provide him the best options possible should he choose not to take the case to trial. It is not uncommon for simple battery convictions to mandate anger management class. However, sometimes anger management class can be subsituted for a conviction, i.
e. the prosecutor will dismiss the charges if your friend seeks 'help for his anger problem.' This must be negotiated with the prosecuting authority. A skilled defense attorney will know what to do when representing your friend. If your friend cannot afford an attorney, he may apply for the services of the public defender: criminal law specialists who do nothing but criminal defense and often have excellent experience handling all types of criminal cases.
Either way - he should hire an attorney. Ask a similar questionSee Also: First Tee San Antonio
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Originally Posted by simple battery What is the name of your state? GeorgiaI am seeking some advice for a simple battery first offense charge. The charge was brought about from my husband after an argument that involved me slapping him across the face and him calling the police.What is the best way to go with this charge..should I plead guilty and take the charge and ask for first offender probation.
..or ************** this is a first for me in any aspect of dealing with the law outside of a speeding ticket..... i have very little knowledge about what I need to do. Any advice will be better than what I have been able to come up with on my own.THANKS Standard answerHere are some hints on appearing in court:Dress professionally in clean clothes.Do not wear message shirts.Don't chew gum, smoke, or eat.
(Smokers...pot or tobacco...literally stink. Remember that before you head for court.)Bathe and wash your hair.Do not bring small children or your friends.Go to court beforehand some day before you actually have to go to watch how things go.Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.
Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.From marbol:“Judge...You forgot the one thing that I've seen that seems to frizz up most judges these days:If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.
If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”(Better yet, don’t carry your cell phone into the courtroom.)Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):1.
I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.3. I’ve got a job in [name a state five hundred miles away].4. This is the first time I ever did this.5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up.
He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]Public defender’s advice[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]Other people may give you other advice; stand by.