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Many of the most serious criminal charges, like family violence accusations, are not as straightforward as they might initially seem. Rather than cut-and-dry incidents, the circumstances leading up to these types of criminal charges are often nuanced and complex.
If you have been charged with family violence or domestic violence in Georgia, you’re in a world of legal trouble. If convicted, you could face a range of harsh penalties, including prison time. As a leading criminal defense attorney in Statesboro, Georgia, we are here to make sure that your side of the story gets told. In doing so, we aim to provide you with a top-tier, aggressive legal defense.
This article will explain everything you need to know about family violence charges in Georgia. This includes the different types of family violence, who these charges apply to, the penalties for conviction, and how a criminal defense attorney can help protect your future.
What Constitutes Family Violence in Georgia?
In the State of Georgia, family violence (sometimes referred to as household abuse or domestic violence) encompasses various acts and threats of violence between certain loved ones, including family members, household members, and intimate partners. It is defined under Title 19 of the Georgia Code, specifically Chapter 13. This code section outlines pertinent family violence definitions, procedures, and protections, including the process for obtaining protective orders.
Types of Family Violence
Under Georgia criminal law, family violence or household abuse come in various forms. Here are the main types of family violence in Georgia:
- Physical violence. Physical violence encompasses any act that causes serious bodily injury or physical harm to the alleged victim. This includes hitting, slapping, punching, kicking, choking, and any other form of physical assault.
- Sexual abuse. Sexual abuse includes any non-consensual act or behavior that is forced on a household or family member, including rape, sexual assault, and any form of sexual coercion.
- Emotional or psychological abuse. This type of family violence includes any acts inflicted with the intention to cause emotional or psychological harm. This can occur through intimidation, verbal abuse, humiliation, threats of violence, or constant criticism, as well as controlling behaviors. A classic example would be isolating an individual from friends or exerting financial control over them.
- Stalking and harassment. This type of domestic abuse refers to repeatedly following, watching, or harassing an individual in a way that makes them fear for their safety.
- Destruction of property. According to Georgia law, deliberately destroying or damaging personal property with the intent to intimidate or control a household or family member is also considered family violence.
In summary, family violence extends to acts beyond just physical or sexual abuse. It also encompasses destruction of property, stalking or harassment, and emotional or psychological abuse directed at a household or family member.
Relationships Covered Under Georgia Law
In order to be considered family violence under Georgia law, an act needs to occur within the context of a certain type of relationship. More specifically, family violence broadly covers acts between the following parties:
- Spouses and former spouses
- Parents and children, step-parents and step-children, or foster parents and foster children
- Individuals who currently live together or used to live together
- Individuals who have a child together, regardless of whether or not they are married or live together
It’s important to understand that family violence charges can lead to a wide range of both criminal and civil consequences. If you have been charged with family violence in Georgia, it is essential to partner with an experienced family violence attorney right away so that an aggressive domestic violence defense can be built on your behalf.
Georgia’s Family Violence Act
If you’ve been arrested for domestic violence, it’s critical that you understand the implications of your crime under Georgia’s Family Violence Act. This law is designed to protect individuals from abuse that occurs within families and other close, family-like relationships and only applies to specific situations.
An offense falls under the purview of the Georgia’s Family Violence Act when the victim and the accused belong to one of the following categories:
- Married spouses
- Former spouses (divorced or separated)
- Parents to the same child
- Parent and child
- Step-parent and step-child
- Foster-parent and foster-child
- Current members of the same household
- Past members of the same household
Additionally, the Georgia Family Violence Act only pertains to certain types of offenses, including the following:
- Simple battery
- Battery (or aggravated battery)
- Simple assault
- Assault (or aggravated assault)
- Criminal trespass
- Criminal damage to property
- Stalking
- Any felony offense against a protected person
If you’ve been arrested for domestic abuse, you may be wondering why the classification matters or what it means for you. Here’s why it’s important: If you’re convicted of a crime that violates the Family Violence Act, you could face much harsher penalties than if you’re convicted of a non-family violence offense. You will also be subject to a number of other conditions and stipulations.
Penalties for Family Violence in Georgia
A family violence conviction in Georgia can result in a wide range of penalties, depending on the specific circumstances of the offense and whether or not the person accused of domestic violence is a repeat offender.
Here are the penalties for some common family violence-related crimes under Georgia law:
- Simple assault. In Georgia, the first offense of simple assault is typically considered a misdemeanor, punishable by up to 12 months in jail and a fine up to $1,000. When it involves family violence, a domestic assault conviction may also result in mandatory counseling, anger management and the family violence intervention program.
- Aggravated assault. Aggravated assault is a felony in Georgia, punishable by one to 20 years in prison. If the assault involves the use of a deadly weapon or other aggravating factors, the penalties may be enhanced.
- Simple battery. In the context of family violence, a first-offense simple battery conviction is typically considered a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. A second conviction can be charged as a high and aggravated misdemeanor, punishable by up to one year in jail and a fine up to $5,000.
- Aggravated battery. Aggravated battery is a felony in Georgia and punishable by up to 20 years in prison. When it involves a family member, the penalties for aggravated battery may be enhanced, especially if it results in serious injuries.
- Stalking. For first-time convictions, stalking is typically considered a misdemeanor and punishable by up to one year of jail time and a fine of up to $1,000. Second convictions are punishable by up to 10 years in prison and a fine up to $10,000.
- Aggravated stalking. Aggravated stalking is a felony in Georgia, punishable by up to 10 years in prison and a fine of up to $10,000.
Family violence convictions can result in various other legal consequences, including firearm restrictions, implications for child custody and visitation rights, protective orders, and more. The best way to avoid the harsh penalties associated with a family violence conviction is to seek legal advice from an experienced attorney.
How a Family Violence Lawyer Can Help
Family violence charges are extremely serious. Fortunately, a qualified domestic violence attorney in Georgia can help you achieve the best possible outcome by providing the following key legal services:
- A thorough case evaluation that reviews the details of your domestic violence case, including law enforcement reports, witness statements, physical evidence, and more
- A top-tier defense strategy, custom-tailored to the details of your criminal case, that includes challenging the credibility of the prosecution’s evidence, presenting alternative explanations, revealing procedural errors, and more
- Negotiations with the district attorney to get your charges reduced or dropped, or to seek more lenient charges and sentences
- Navigating protective orders by helping you understand your rights and obligations or by arguing against the issuance of protective orders based on your circumstances
- Trial advocacy, which includes representing you in court, presenting evidence, cross-examining witnesses, submitting testimonials, and arguing on your behalf to achieve the best possible case results for your family violence case
- Continued legal representation to help you navigate the emotional and social implications of family violence charges
This is not an exhaustive list but merely a few of our most critical offerings. To understand the full extent of services we can provide to you, contact our law office to schedule an initial consultation.
Domestic Assault & Battery Attorney FAQs
The laws surrounding assault and battery in Georgia are complex, especially when an offense is directed toward someone protected under the Family Violence Act.
If you’ve been charged with domestic assault or battery, you probably have many questions that only an experienced attorney can answer, which is why you should partner with a lawyer as soon as possible. In the meantime, check out the answers to some of our most frequently asked questions regarding family violence.
• Can the victim of domestic violence drop charges in Georgia?
The victim of domestic violence offenses in Georgia can’t drop charges or press charges once the case is submitted to the prosecutor. After receiving the charges, whether or not to proceed with prosecution is at the discretion of the prosecutor.
• If I’m a domestic violence victim and I recant my story, will I go to jail?
It’s a possibility. If you falsely accused someone of domestic violence and then recanted your story, you may be prosecuted. The best thing you can do is retain a lawyer immediately.
• Can I buy a gun if I’ve been charged with domestic violence in Georgia?
In Georgia, anyone who is convicted of family violence or a domestic violence crime (whether a felony or misdemeanor) loses their right to own a firearm. If caught with a firearm, you could face up to 10 years in prison.
Joseph Williams Law: Trusted Criminal Defense Attorney in GA
If you are convicted of family violence charges in Georgia, you will face a wide range of life-altering, severe penalties. Your criminal record will haunt you long after you’ve served your time and paid your fines, which is why avoiding conviction is so important. Fortunately, you don’t have to navigate your domestic violence charges alone — the domestic violence lawyer at Joseph Williams Law is here to fight for your freedom. Contact our law firm today to start building an aggressive defense for your future.