In this series, Georgia Domestic Violence Charges Explained, we will take a detailed look into common charges related to domestic violence along with some examples and the penalties associated with them. Today we look at Family Violence Battery.
What is Battery?
Under Georgia law, battery is defined as:
A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
The key term is “visible bodily harm”. This means bodily harm that can be perceived by someone other than the victim. Common examples are black eyes, severely swollen lips, or apparent bruises to other parts of the body.
When does battery become a family violence offense?
Battery becomes a 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 Battery Charge?
|Summary of Penalties for Family Violence Battery|
|First||Misdemeanor||Up to 12 Months||Up to $1,000|
|Second or Subsequent||Felony||1-5 Years|
What should I do if I am facing a Family Violence Battery 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.