By: Award-winning Criminal Lawyers and Legal Book Co-Authors Cory Yager (a highest rated Martindale Battery Attorney Georgia and ex-police officer) and Larry Kohn, an AVVO Superstar Assault Lawyer Atlanta with nearly 600 5-Star Reviews
Navigating the intricacies of these Georgia law domestic violence criminal charges can be overwhelming for victims and their families. It is crucial to have a thorough grasp of the legal definitions and procedures needed in your case to effectively pursue justice and protection.
Moreover, understanding these laws empowers individuals and communities to better support victims and contribute to fostering a safer environment for all. Many who are charged with violating domestic violence laws in GA are shocked to learn that such a simple battery charge can affect gun rights and possibly alter your ability to be with or see their children.
In addition, when a person intentionally causes physical harm to a person, an arrest for battery can follow. Even if no physical striking or other contact is made with that person, you will need an award-winning assault attorney Georgia.
Breaking Down the Various Ways the Crimes Can Be Committed
State of Georgia domestic violence laws can apply to a variety of criminal acts occurring between family members or individuals presently (or previously) residing in the same household. These crimes can include offenses such as assault, battery (i.e., intentionally makes physical contact with the victim), and stalking, among others.
There are several types of offenses categorized under domestic violence in Georgia. These include:
- Simple Assault: This is when someone tries to hurt another person or makes them fear they will be hurt. It’s important to know that no physical contact is needed for a simple assault charge. This is key because it shows that fear and emotional harm can be just as serious as physical harm.
Making contact of an insulting nature with a person that you previously or currently shared a residence with (e.g., dorm room, apartment, house, etc.)
- Simple Battery: This occurs when someone intentionally touches another person in a rude or upsetting manner. It can also involve causing physical harm to that person. This charge highlights the need to respect personal space and the seriousness of even small physical actions.
- Aggravated Assault: This is a serious crime. It involves an attack with the intent to murder, rape, or rob. It also includes using a deadly weapon.
Using a deadly weapon or planning another crime can make the charges be boosted to a more serious felony. This shows the potential for greater harm.
The term “family members” under the Georgia Code includes far more than being applicable to just your immediate relatives. It covers spouses, parents, children, and anyone who lives or used to live in the same home.
The inclusive definition of domestic relationships ensures legal protection for diverse household dynamics and at-risk individuals. The text outlines penalties for offenses, including fines or jail time, to ensure justice in sensitive cases.
- Simple Assault and Battery: These are usually misdemeanors. They can lead to up to 12 months in jail or a fine of $1,000.
Although they are less serious than felonies, these charges can still have major legal and personal effects. They also act as a warning to potential offenders.
Battery involves causing injury, while aggravated battery results in severe harm or disfigurement. These types of charges emphasize the severe impact of domestic violence.
Punishments for Felonies or Misdemeanors
Both aggravated assault and battery are serious crimes. Sentence length varies based on factors such as weapon use and the victim’s age. Penalties can include prison time of one to 20 years.
These severe potential penalties show how serious the state is about these crimes. The Peach State is committed to protecting vulnerable people.
Victims of domestic violence can ask for a temporary restraining order (TRO) to keep themselves safe. Restraining orders are important for victims, giving them quick protection and legal help during a tough time.
These orders can limit or stop contact between the victim and the accused. They create a legal barrier against further abuse that our Firm’s attorneys can handle for you. (y en Espanol.)
Georgia law offers extra protections for vulnerable groups, like the elderly disabled victims and minors. Crimes against these groups often have harsher penalties because they cannot fully protect themselves. This focus on vulnerability helps the law meet the specific needs and risks of these groups, giving them more safety.
In Atlanta, GA domestic violence cases involve law enforcement investigations to gather evidence and determine charges. An arrest and charges follow when sufficient evidence exists, after a thorough examination of the facts and keeping in mind the protection of rights for all involved.
In court, both the prosecution and defense are allowed to present evidence. The prosecution goes first and must show clear proof that the accused person did the crime.
If found guilty, sentencing will follow Georgia’s laws. The court will consider factors like past crimes or using a deadly weapon. The court’s job is to make sure justice is done. It must also keep the process fair for everyone involved.
It is important for both victims and accused people to get legal help. Our Firm’s lawyers can explain legal rights and guide them through the legal system.
They work to achieve the best outcome possible. Having legal representation is key to making sure both victims and the accused get a fair trial. It also helps protect their rights during the legal process.
Domestic violence can create many adverse effects for those accused. These incidents can harm not just the victims but also their family and the community in which they reside. It also can cause long-term mental health issues and disrupt family life.
This creates a fearful and unstable environment. The impact of domestic violence can reach beyond the family, affecting relationships and community bonds.
Speak with our Super Lawyers in your FREE Initial Consultation
Seek immediate help if you or someone you know is accused of domestic violence. Be aware that physical contact is not a necessary “element” in all cases, if the conduct was an attempt to commit battery or was some act of an insulting or provoking nature.
Our attorneys were trained in criminal defense by legendary criminal attorney William C. Head. One of the three attorneys usually will be available 16 to 18 hours a day. In addition, we also have a top-rated 24 hour service that backs up our attorneys. So, dial 404-567-5515 at any time, including weekends and holidays.
This service takes any calls we miss. It helps us know about any assault case or battery arrest. We are notified of any charges related to domestic violence under Georgia laws.
Contact local authorities, lawyers, or support groups to ensure safety and get the help you need. Taking action protects the victim and helps stop the cycle of violence. This also creates a safer community for everyone.