What to Do if Charged with Family Violence Battery in Georgia

Being charged with the crime of family violence battery in Georgia can come with serious consequences. The penalties for this crime are elevated from a regular battery charge, with a second offense being charged as a felony. If you have been accused of battery by a family member, it’s crucial to understand what steps you can take to build a solid defense and safeguard your freedom.

Key Takeaways

• A family violence battery charge is more severe than a regular battery charge in Georgia; a second offense is a felony that can result in up to five years in prison, significant fines, and loss of firearm rights.
• The crime of family violence battery applies only when the alleged victim has a domestic relationship with the accused.
• If you’ve been charged with the offense of family violence battery, the first and most critical step is contacting a criminal defense attorney for case evaluation and advice on handling interactions with law enforcement and the court system.
• Individuals charged with this offense must strictly follow all court-orders, such as restraining orders or no-contact orders. They should also avoid discussing the case with anyone other than their attorney.
• Potential defenses to the crime of family violence battery can include self-defense, arguing insufficient evidence, or challenging the credibility of the alleged victim. A criminal defense attorney can also explore whether other options, such as plea deals, are available.

What is the Crime of Family Violence Battery?

Family violence battery is a criminal offense in Georgia that can be charged when the accused person has a domestic relationship with the alleged victim. This offense falls under the Family Violence Act, which expands legal protections to victims when the act of violence occurs within the home or between family members. While a charge for regular battery can occur regardless of relationship, to qualify as a family violence battery, the alleged victim must have one of the following relationships with the accused:

• Past or present spouse
• A person who shares a child with the accused
• A parent or child
• A stepparent or stepchild
• A foster parent or foster child
• Another person living in the same household
• A person who previously lived in the same household

Reasonable parental discipline is excluded from the Family Violence Act. The family violence law covers both battery and simple battery, along with simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass. Specifically, a simple battery involves unwanted offensive touching, or intentional physical harm without any visible injuries. A charge of battery requires causing substantial physical harm or visible bodily injury.

What are the Consequences of a Family Violence Battery Conviction?

The penalties for a family violence battery conviction are much more severe than those associated with a regular battery. Depending upon the accused individual’s prior criminal history, a first offense is a misdemeanor that can result in up to one year in jail, a monetary fine up to $1,000, probation, and court-ordered family violence intervention classes.

In contrast with a regular battery, which remains a misdemeanor, a second offense family violence battery becomes a felony. This can result in five years in prison, significant monetary fines, loss of firearm rights under federal law, and immigration status consequences. A conviction can prohibit the possession, transport, or ownership of a firearm, as well as impact a weapon carry license.

A conviction can also create long-term challenges in everyday life, such as difficulty finding employment or housing due to having a felony record. In addition, it can impact child custody, visitation rights, and other family law matters.

What Should You Do if You’ve Been Charged with Family Violence Battery?

A family violence battery conviction can have lifelong ramifications. It’s important to mount a solid defense to protect your life, livelihood, and freedom. While the facts of every case are unique, if you’ve been charged with battery against a family member, you should adhere to the following guidelines to help safeguard your position:

1. Consult with a Criminal Defense Attorney

The very first step you should take is contacting a criminal defense attorney who can evaluate the charges against you, review the prosecution’s evidence, and identify weaknesses in the prosecution’s case. They can also help you avoid potential pitfalls by advising you on how to handle interactions with law enforcement and the court system.

2. Follow the Terms of Any Court-Orders

If the court has issued a restraining order or no-contact order, it’s essential to follow the terms exactly as they are written. Violating a court order can lead to additional criminal charges and potentially weaken your defense. Critically, unless expressly exempted by a judge in a written order, you will be ordered by the court upon conviction to participate in a family violence intervention program at your own expense. This program must be successfully completed to comply with your sentence and avoid further legal consequences.

3. Gather Evidence to Support Your Defense

Your attorney can best advise what evidence will support your defense. While the prosecution must prove your guilt, you may be able to use witness testimony, text messages or emails with the alleged victim, photos, and medical records to introduce reasonable doubt and undermine the prosecution’s narrative.

4. Avoid Discussing the Case with Others

One of the most common mistakes an individual accused of family violence battery can make is discussing their case on social media, or with friends and family. Avoid talking about the case with anyone other than your attorney to avoid inadvertent self-incrimination, impeachment, or other unintended consequences.

5. Understand the Defenses Available in Your Case

A skilled criminal defense attorney can assess the facts of your case to determine what defenses you may have available. Depending on the circumstances, you may be able to assert the defense of self defense, argue there is insufficient evidence to support a conviction, or challenge the credibility of the alleged victim.

In some cases, an attorney might be able to negotiate a plea deal with the prosecution or pursue an alternative such as a pretrial diversion program. Notably, only the prosecutor can drop the charges, not the alleged victim. If you have no prior felonies on your record, you may qualify for Georgia’s First Offender Act, which allows you to plead guilty without a conviction being entered.

Contact an Experienced Georgia Criminal Defense Attorney

If you’ve been charged with the crime of family violence battery in Georgia, having trusted counsel by your side can make all the difference in the outcome of your case. At The McCoy Law Firm, LLC, our attorneys have decades of experience providing knowledgeable representation for defendants facing a broad scope of criminal offenses throughout Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Please contact us today to schedule a consultation to learn how we can help.