As a top family violence defense attorney, we know that there are two sides to every story. If you’re facing domestic violence charges, you need to start building a robust legal defense now to protect your future. Contact us online to schedule a consultation.
Domestic violence devastates families and communities world wide and represents a serious public health concern that should never go unaddressed. However, that doesn’t mean that everyone accused of this awful crime is actually guilty of committing it.
Like most high-stress, contentious situations, domestic violence cases are typically much more complicated than they seem. When words and actions are misinterpreted and situations are judged without context, defendants can end up wrongly convicted. That’s not justice.
If you’ve been unfairly charged with domestic violence in Georgia, you’re probably feeling embarrassed, dejected and alone. You may be tempted to plead guilty or do whatever it takes to put an end to your legal nightmare as quickly as possible.
Before you make any moves, understand this: You don’t have to throw away your future. You have options, legal recourse and better days ahead when you decide to partner with a domestic violence defense attorney and fight for your freedom.
At Joseph Williams Law, we understand that perspective plays a massive role in the retelling of any story, including the events that led up to your arrest. We also know that inaccuracies, false allegations and police missteps contribute to unjust convictions—especially when defendants don’t mount aggressive defenses. We want to make sure you don’t end up being collateral.
If you’ve been accused of domestic assault and battery, now’s the time to defend yourself. Keep reading to learn everything you need to know about your charges, domestic violence laws in Georgia and how an assault and battery attorney can help you reclaim your life.
Have you been arrested for domestic violence? Don’t let your chance to defend yourself slip away. Get in touch with our law office at (912) 259-6548 to schedule a consultation with one of our criminal defense experts today.
Domestic Assault and Battery
When most people hear about domestic violence or domestic assault and battery, they assume it’s between two romantic partners, typically between a husband and wife. However, that’s not always the case. Georgia law defines domestic violence as an act of family violence, which can include a wide range of physical, sexual and emotional abuses committed by and against family members.
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.
Understanding Assault & Battery Offenses
Georgia assault laws include both assault and battery offenses and are further broken down into two degrees: simple and aggravated. Whereas simple assault and simple battery are considered misdemeanors, aggravated assault and aggravated battery are felonies. Here’s how each is defined according to Georgia law:
- Simple assault refers to threatening to injure someone or putting them in a situation where they could reasonably expect to be injured. No physical injury has to occur in order for it to be a criminal offense.
- Simple battery refers to intentionally making physical contact in an insulting or provoking way or intentionally causing a person physical harm.
- Aggravated battery is the act of intentionally and maliciously causing serious physical injuries, including loss of a limb, loss of use of a limb or disfigurement.
- Aggravated assault includes assaulting someone with the intent to murder, rape or rob them, as well as assaulting someone with a potentially deadly weapon. It can also refer to shooting a firearm from within a vehicle at someone outside of the vehicle.
The laws surrounding assault and battery are complex, and understanding the nature of your charges can be difficult without a legal advocate. Generally speaking, you can expect to face harsher penalties if your assault or battery violated the Family Violence Act. For example, a simple assault that would normally be considered a misdemeanor is elevated to a high and aggravated misdemeanor if directed toward a family member.
Penalties for Domestic Assault & Battery
If convicted of domestic assault or battery in Georgia, you will face a number of penalties, depending on the specific details of your case. In addition to prison time and the loss of your right to own a firearm, you may also incur large fines. You may lose your parental rights and face insurmountable employment difficulties.
Even before you are convicted, violation of the Family Violence Act means that the person you allegedly harmed will be able to enact protections that affect you negatively. You may be ordered to leave your home, face temporary firearm restrictions, be forced to attend courses focused on behavior modification and be served with a restraining order.
Here’s the point: Even the accusation of domestic assault or battery triggers negative consequences for you. Your penalties, punishments and sentence will only increase in severity upon your conviction, which is why avoiding conviction is your best shot reclaiming your life.
Penalties for Domestic Assault & Battery
If convicted of domestic assault or battery in Georgia, you will face a number of penalties, depending on the specific details of your case. In addition to prison time and the loss of your right to own a firearm, you may also incur large fines. You may lose your parental rights and face insurmountable employment difficulties.
Even before you are convicted, violation of the Family Violence Act means that the person you allegedly harmed will be able to enact protections that affect you negatively. You may be ordered to leave your home, face temporary firearm restrictions, be forced to attend courses focused on behavior modification and be served with a restraining order.
Here’s the point: Even the accusation of domestic assault or battery triggers negative consequences for you. Your penalties, punishments and sentence will only increase in severity upon your conviction, which is why avoiding conviction is your best shot reclaiming your life.
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 Domestic Assault and Battery Lawyers
Domestic violence accusations should always be investigated and taken seriously, for the sake of both victim and accused. Sending someone to prison for a crime they didn’t commit is as much of an injustice as failing to protect a domestic violence victim from their abuser.
As criminal defense attorneys, we’re here to ensure that you’re not wrongly convicted of a crime that has life-altering consequences. No matter what you’ve been accused of, you shouldn’t be sent to prison if the prosecution cannot prove you committed the crime. As your legal advocate, we’ll use every tool at our disposal to ensure you get a fair trial.
Ready to get started? Contact Joseph Williams Law online to schedule an appointment with one of our compassionate legal representatives, or give us a call at (912) 259-6548 today.
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