Domestic Violence Defense is one of the most challenging types of cases we handle. Fueled by emotion, most people think of domestic violence (or as it is known family violence) of a fight that involves spouses. This is not really true. Georgia defines “family violence” as any commission of a battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass committed between the following persons who are or were:
It is very easy therefore to be charged with family violence under current Georgia Law, and a conviction can prohibit your opportunities to be licensed in numerous specialized professions. Even if your job doesn’t count on it, the stakes are still high in family violence case because a second conviction involving the same person is a felony punishable by imprisonment by up to 5 years. In addition, with the charge, not even conviction of the crime, the local prosecutor’s office typically gets bond conditions such as no contact with the “victim”, the inability of an accused to return home, and the inability to possess or use a firearm which is a violation of federal law and punishable for a first offense of up to 10 years.
In addition, there are typically restraining orders, and other conditions that go along with these offenses. Many people think they don’t need a lawyer because it was “all a big misunderstanding and the victim doesn’t want to prosecute”. Most people think this sets them free. It does not. The local prosecutor’s office can STILL PROSECUTE YOU, and typically does so.
So many times these types of offenses are emotionally driven. Even Solicitor’s become emotionally involved in the case. All the Solicitors see is what is written on the papers in their file. They have neither the time or desire to get the rest of the story. That is where we come in. There may be legal or factual materials that the prosecutors are unable or unwilling to gather themselves. Sometimes it takes expertise to convince the prosecutors that you are NOT A MONSTER. There are complex legal issues involving domestic violence, with potential penalties that could carry on long after you appear in court. Don’t make a mistake. Get help. Call us today.