Battery Defense in Atlanta

Former Federal Prosecutors Building Your Georgia Battery Defense

Battery allegations in Georgia can turn on the nature of the contact, the harm alleged, the relationship between the parties, and the evidence available to prosecutors. A charge may also affect your liberty, employment, family relationships, and ability to return home while the case is pending.

As former federal prosecutors, Nick Lotito and Seth Kirschenbaum understand how the government develops criminal cases and where its evidence may be challenged. We represent people throughout Georgia who have been arrested, contacted by investigators, or ordered to appear in court.

Call (404) 471-3177 to discuss your Atlanta battery charge with our criminal defense attorneys during a confidential consultation.

Georgia Simple Battery, Battery, & Aggravated Battery Charges

Georgia law treats assault and battery as separate offenses. Assault generally involves an attempted injury or conduct that places someone in reasonable apprehension of immediate violent injury. Battery focuses on physical contact or harm, with the required degree of injury depending on the offense charged.

Georgia battery offenses can include:

• Simple battery: Georgia Code § 16-5-23 covers intentionally making physical contact of an insulting or provoking nature or intentionally causing physical harm. Simple battery is generally a misdemeanor.
• Battery: Georgia Code § 16-5-23.1 applies when someone intentionally causes substantial physical harm or visible bodily harm, such as substantial bruising, swelling, or a substantially blackened eye.
• Family violence battery: This designation can apply when battery is alleged between spouses, co-parents, parents and children, stepparents and stepchildren, foster parents and foster children, or people who currently or formerly lived together.
• Aggravated battery: This felony generally requires an allegation that someone maliciously caused bodily harm by depriving another person of a body part, rendering it useless, or seriously disfiguring the person or a body part.

Specific circumstances can elevate simple battery to a misdemeanor of a high and aggravated nature. These may include allegations involving a person age 65 or older, a pregnant woman, law enforcement personnel, school personnel, sports officials, public transit employees, or utility workers. The classification depends on the facts and the applicable statutory provision.

A first family violence battery conviction is generally a misdemeanor. Under Georgia Code § 16-5-23.1, a second or subsequent conviction involving the same or another qualifying victim is generally a felony punishable by one to five years in prison. Statutory exceptions and the accused person’s record can affect that classification.

Evidence That Can Shape a Georgia Battery Defense

A defense begins with determining what happened, what prosecutors can prove, and whether the evidence supports the charged level of harm. We build an individualized strategy around the facts rather than treating an accusation or police report as the complete account.

Our review may address:

• Intent: Whether the alleged contact or harm was intentional rather than accidental.
• Physical harm: Whether photographs, medical records, and witness accounts establish visible bodily harm or substantial physical harm.
• Self-defense: Whether the accused person reasonably responded to an imminent threat or acted in defense of another person.
• Conflicting accounts: Whether statements changed over time or conflict with recordings, text messages, social media posts, physical evidence, or independent witnesses.
• Admissibility: Whether prosecutors can lawfully introduce and authenticate the evidence they intend to use.

Family violence allegations can create additional concerns involving no-contact conditions, access to a shared home, parenting relationships, and related protective proceedings. Don’t contact the alleged victim in violation of a court order or discuss an open case on social media. We can explain which restrictions apply and how to avoid actions that may complicate your defense.

What to Expect in Atlanta & Fulton County Courts

Fulton County State Court handles misdemeanor criminal cases, including misdemeanor simple battery and battery charges. Fulton County Superior Court handles felony matters, which may include aggravated battery or a subsequent family violence battery charge with felony exposure. The procedural path depends on the filed charge, custody status, prior record, alleged victim relationship, and later charging decisions.

Our attorneys are familiar with criminal procedures in Fulton County, DeKalb County, and the broader Atlanta metro area. We represent clients through initial appearances, bond hearings, evidence review, pretrial motions, negotiations, and trial preparation. Our next step depends on the stage of the case when we become involved.

More Than 60 Years of Combined Criminal Defense Experience

Both Nick Lotito and Seth Kirschenbaum are former federal prosecutors who understand how prosecutors and government agencies investigate, prepare, and present criminal cases. We represent clients in state and federal courts throughout Georgia. Both attorneys are AV-rated and have received long-standing Super Lawyers recognition.

Before developing a strategy, we examine the accusation, available evidence, procedural history, and circumstances affecting the client. Dismissals, negotiations, sentencing decisions, and trial outcomes depend on the law, the evidence, the accused person’s record, and prosecutorial discretion, so no particular result can be promised.

Talk With Our Attorneys Before Your Next Court Date

During a confidential consultation with Nick Lotito & Seth Kirschenbaum, we can discuss the charge, custody or bond status, upcoming court dates, the relationship between the parties, available evidence, and communication restrictions. This initial review can identify immediate concerns and the information needed to begin preparing your defense.

Call (404) 471-3177 to speak with our attorneys about your next steps.