Family violence battery has the potential to not only break up your entire family, but it can also result in serious legal consequences. If you are facing these charges, you might be wondering how to defend yourself and fight for your rights. While every case is different, there are some general tips on how to approach this situation and mitigate any potential legal consequences.
The first step is always to get in touch with a criminal defense attorney in Georgia. Our legal professionals are well-versed in family violence laws, and we can help you devise an effective defense strategy quickly and confidently. The sooner you get in touch with a criminal defense attorney, the better your chances will be of a positive legal outcome.
What is at Stake?
First, it is important to know what is at stake here. If you fail to defend yourself effectively, you could experience some severe legal penalties. While simple assault is only a misdemeanor with a relatively light penalty, family violence simple assault is a misdemeanor of a high and aggravated nature. This means that you could face much more serious penalties, including:
- At least five days in jail if there was a bodily injury
- 12 months of probation
- Completion of a special, 26-week anti-family-violence education program
- Community service
- Loss of gun rights
- No-contact orders that stop you from contacting your family
Things become even more serious if you are a repeat offender. While your first family violence battery is prosecuted as a misdemeanor, subsequent offenses will be prosecuted as felonies. This means that you will face a minimum of one year in prison.
How to Defend Against Family Violence Battery Charges in Georgia
Criminal defense lawyers can use a range of effective strategies when faced with these charges. First, they can examine the victim’s story and look for inconsistencies or problems with their story. Next, they may point out that the victim’s injuries were either self-inflicted or absent altogether. Perhaps the victim had a reason to be vindictive in some way, calling into question their official story of the incident.
Self-defense may be a viable defense, especially if your spouse was waving a gun in your face or doing something of a similarly threatening nature. You may have been forced to take action if your spouse was threatening your children. Perhaps you were defending your property. In some cases, you may have engaged in what is known as “mutual combat.” This is when two people agree to fight, and the resulting melee is said to be consensual.
Enlist the Help of a Qualified Attorney Today
If you have been searching the Georgia area for a qualified criminal defense attorney, look no further than Lankford & Moore Law. Over the years, we have helped many individuals fight a range of charges, including those related to family violence. Make no mistake, the state of Georgia views these matters seriously, and you can face considerable legal penalties for these types of crimes. With our assistance, you can mitigate these legal consequences and continue with your life. Book your consultation today.