Battery or other violence (Article 126 of the Criminal Code of Georgia) is one of the most frequently registered crimes, involving the infliction of physical pain without causing bodily injury (neither light nor serious health impairment). Although at first glance this appears to be a less serious crime, legislation treats it quite strictly, especially if the act is committed by a group, repeatedly, or against a known minor/pregnant woman. "Other violence" may include pushing, hair pulling, or physical insults that do not leave visible marks but cause physical pain. Article 126 is often used as an initial charge in conflict situations. It is important to understand that if the violence is systematic, it may escalate into charges of torture or degrading treatment, or be qualified as domestic violence (Article 126¹). A lawyer's assistance is necessary to protect against the escalation of charges and to utilize legal benefits such as diversion.
What does Battery Defense service cover?
Lawyers on Legal.ge offer qualified assistance, including:
- Establishing factual circumstances: Questioning witnesses and obtaining video recordings to confirm whether physical contact took place.
- Conducting expertise: Confirming that no injury exists or it is so minor that it does not cause health impairment (confirming Article 126 qualification rather than a heavier charge).
- Self-defense argument: Proving that the accused acted within the limits of necessary defense to repel an attack.
- Achieving diversion: If the person is a first-time offender, the lawyer works with the prosecution to terminate the case in exchange for certain conditions.
- Minimizing the sentence: Requesting a fine or community service in court instead of imprisonment.
Common Situations and Scenarios
Battery and violence charges are often found in:
- Street conflicts: Verbal altercations escalating into physical confrontation (pushing, slapping).
- Disputes between neighbors: Conflicts arising from domestic issues leading to physical contact.
- Traffic incidents: Confrontations between drivers without injuries.
- Conflicts with security: Incidents between security staff and clients in clubs or bars.
Georgian Legislation and Legal Framework
Article 126 (Violence) provides for a fine, community service, house arrest, or imprisonment for up to 2 years (in aggravating circumstances). Legislation strictly separates a single act from systematic violence. Systematic nature (three or more times) aggravates liability. Also, Article 126 differs from Article 120 (Intentional light bodily harm) in that Article 126 does not involve short-term health impairment (e.g., no treatment is needed). The lawyer's role is to precisely distinguish these compositions.
Service Delivery Process
First, the lawyer reviews the police report and the victim's testimony. Since there is often no medical evidence in such cases (due to lack of injuries), witness testimonies are crucial. The lawyer looks for alternative witnesses and video footage. Given the lighter category of the case, the focus is on diversion or plea bargaining.
Why choose a specialist on Legal.ge?
Even a simple fight can become a serious problem due to a criminal record. On Legal.ge, you will find lawyers who will help you avoid criminal prosecution or achieve the most painless conclusion to the case. Protect your reputation with the help of professionals.
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