It is essential for a person charged with family violence to contact a Georgia domestic violence attorney because of the need to develop a strong defense strategy against the penalties a charge can incur.
The consequences of a conviction can be detrimental to a person’s employment. Additionally, they will not be able to own or be in possession of a gun.
A family violence battery offense can remain as a permanent stain on their criminal record and others can view the individual charged as violent. Additionally, in Georgia, the second charge is a felony. If a protective order was issued they will be placed on a family violence order registry.
One important aspect of a developing a defense strategy for a Georgia domestic violence is to get evaluated by a counselor to see if there is any kind of anger or violence issues prior to going to court.
In order to help a person’s domestic violence case, they can undergo a six-month counseling program. This could be alcohol counseling, but generally, it is a domestic violence counseling program which is once a week for 24 weeks.
Common Defense Strategies
In Georgia, a person charged is allowed to file an immunity motion, which means that if a person was not the aggressor in the case but responding to an act of domestic violence, the person is allowed to defend him or herself. This defense strategy is a very good motion to file in all Georgia family violence battery cases. If one is standing their ground and defending themselves, the case can be dismissed.
Oftentimes it can be argued that there was a domestic violence case because the person was trying to gain an advantage in a civil custody battle. There are a number of things that can be argued that one would want to bring up that can make a difference in the case. So, the defense attorney would want to be able to assert that this was either made up, exaggerated, or something of that nature.
Standing one’s ground constitutes self-defense within the realm of domestic violence. If there is a reasonable belief that one is in fear of bodily injury or harm, he or she is allowed to defend him or herself.
A person is allowed to defend other people, too. If they believe that a felony is going to be committed upon them or any serious injury may occur, they are allowed to defend the other person.
The individual is protected by law as long as they used equal force. For example, the individual cannot pull a gun on someone who flicks an ice cube at them.
Speaking with an Attorney
When preparing a domestic violence defense, an attorney will want to know the answers to the following questions to determine their defense strategy moving forward.
- Does the person have any kind of criminal history?
- What is the fact pattern?
- Do the accuser and charged have children together?
- Were alcohol or drugs involved?
- Did the police speak to the witnesses?
- Were there any written statements taken?
- Did either party make any oral statements?
- Were there any injuries?
- Were there any pictures taken?
- Was the house damaged in any way (e.g.: broken doors or windows)?
- Was the house in disarray when the cops arrived (e.g.: broken glass, thrown items, etc.)?
Local lawyers know the prosecutors and the judges. There are two sides to every story, and a good lawyer will be able to bring out both sides of the story.