Serious Bodily Harm Defense Georgia | Legal.ge

IntentionalSeriousBodilyHarm

What is the penalty under Article 117?

Penalties vary based on circumstances. Basic offenses carry 3-6 years imprisonment, while aggravated cases (e.g., against family members) can lead to 13 years or more.

How is the severity of injury determined?

Severity (serious, less serious, light) is determined by a forensic medical examination based on criteria like life-threatening nature or loss of working capacity.

Is self-defense a valid defense for serious bodily harm?

Yes, valid self-defense exempts you from liability. If you exceeded the limits of self-defense, the charge should be reclassified to Article 113, which is lighter.

Is a plea bargain possible?

Yes, especially if the accused admits guilt and compensates the victim for medical expenses, the prosecution often agrees to a plea bargain.

Intentional serious bodily harm (Article 117 of the Criminal Code of Georgia) is one of the most severe categories of crimes against the person, posing the greatest threat to physical integrity after homicide. This charge involves inflicting injuries that are life-threatening or result in the loss of sight, hearing, speech, or any organ, or the loss of an organ's function, as well as mental illness, termination of pregnancy, or permanent facial disfigurement. The legislation provides for strict penalties for this crime, ranging from 3 to 6 years of imprisonment, and in aggravating circumstances (e.g., committed by a group or against a pregnant woman known to the offender), up to 13 years or more. Qualified legal assistance is vital for the accused, as misqualification of the act often occurs—for example, charging intentional harm instead of exceeding the limits of necessary defense or negligence.

What does Intentional Serious Bodily Harm Defense cover?

Criminal defense lawyers registered on Legal.ge offer comprehensive defense services, including detailed case analysis and strategy development:

Analysis of forensic medical expertise: Assessing the degree of injury is critical. The lawyer checks whether the severity of the injury and its causal link to the act were correctly established.
Highlighting self-defense factors: If the injury was inflicted in self-defense, the lawyer works to exclude or mitigate criminal liability.
Requalification of the act: Striving to change the charge to a lighter article, such as exceeding the limits of necessary defense (Article 113) or a crime committed in a state of sudden strong emotion (Article 111).
Gathering and challenging evidence: Questioning witnesses, analyzing video recordings, and conducting alternative expertise.
Plea bargaining: Negotiating with the Prosecutor's Office to reduce the sentence if the chances of acquittal are low.

Common Situations and Scenarios

Charges under Article 117 often arise in the following types of cases:

Physical confrontations involving weapons: Wounds inflicted by a knife or other object during a fight that damage vital organs.
Traffic altercations: Confrontations between drivers using blunt objects (e.g., baseball bats) resulting in severe head trauma.
Domestic conflicts: Severe injury resulting from domestic violence, which is considered an aggravating circumstance.
Group fights: Brawls involving multiple individuals where the victim sustains life-threatening injuries.

Georgian Legislation and Legal Framework

This crime is regulated by the Criminal Code of Georgia. Besides Article 117, the rules for conducting forensic medical examinations and the criteria for determining the severity of bodily harm are crucial. Legislation strictly distinguishes between intentional and negligent (Article 124) injuries. The lawyer's role is to prove that the accused did not have direct intent to cause severe consequences, or that the result occurred due to independent reasons (e.g., medical error). Additionally, the Criminal Procedure Code of Georgia allows the defense to request bail instead of detention, although this is difficult to achieve for serious crimes.

Service Delivery Process

Work with a lawyer begins with a consultation and review of case materials. The lawyer immediately gets involved, attends the interrogation of the accused, and ensures the protection of their rights during the hearing on preventive measures (detention). The next stage involves gathering evidence and preparing for court proceedings. The goal is always to protect the client's best interests—whether it be full acquittal, requalification of the act, or achieving a minimum sentence.

Why choose a specialist on Legal.ge?

Cases of intentional serious bodily harm require a lawyer with deep knowledge of both criminal law and the basics of forensic medicine. Legal.ge gives you access to licensed and experienced lawyers who have successful practice in handling similar cases. Through our platform, you can find a defender who will protect your freedom and future.