In this series, Georgia Domestic Violence Charges Explained, we will take a detailed look into common charged related to domestic violence along with some examples and the penalties associated with them. Today we look at Family Violence Assault.
What is Simple Assault?
Under Georgia law, simple assault is defined as:
A person commits the offense of simple assault when he or she either:
(1) Attempts to commit a violent injury to the person of another; or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Keep in mind, for simple assault, no actual contact needs to take place. Threatening to cause a violent injury, like threatening to break someone’s neck can also be considered simple assault.
When does simple assault become a family violence offense?
Simple Assault becomes a domestic violence or family violence offense when the victim is a person protected by the Georgia Family Violence Act.
Those people are:
- Past or present spouses;
- Persons who are parents of the same child;
- Parents and children;
- Step-parents and step-children;
- Foster parents and foster children;
- Any other persons living or formerly living in the same household
Under the Family Violence Act, boyfriends and girlfriends are protected only if they lived together with the accused.
What are the penalties for a Family Violence Simple Assault Charge?
|Summary of Penalties for Family Violence Simple Assault|
|Simple Assault FV||Misdemeanor of a high and aggravated nature||Up to 12 Months||Up to $5,000|
What should I do if I am facing a Family Violence Simple Assault Charge?
The most important thing you should do is refuse to give a statement in spoken or written form to anyone about your case, especially the police. Next, you should hire the best lawyer you can find, and do it sooner than later. Being forced to spend time in jail is really something you do not want to face. Incarceration could cause you to lose your job.
In many of these cases, law enforcement got involved and brought criminal charges even when both parties want to work things out. Many times, there is a complete version of the events the police did not account for before instead choosing to file criminal charges. If you want your side of the story told, you need an experienced Family Violence Attorney. You need Josh Schiffer as your advocate.
Josh will speak with you and give you the advice you need to move forward with your life. Hundreds of people in your situation have trusted Josh and recommend him. Just take a look at what his clients have to say about him.
Right now, the best thing you can do is call Josh Schiffer at (404) 842-0909. You will be relieved that you did.