A conviction for domestic violence can bring fines, a prison sentence, a lifetime ban on firearm ownership and a negative impact on your future employment and child custody arrangements. Let the criminal defense attorneys of Banks, Stubbs and McFarland fight for your rights and protect your best interest in your family violence case.
What Makes a Crime Domestic Violence?
In the State of Georgia, domestic violence crimes are considered to be acts of “family violence.” Crimes between individuals living in the same house typically qualify as family violence. Specific relationships that are designated as “family violence” include:
- Current or former spouses
- Parents of the same child
- Parents and children—either biological or adopted
- Stepparents and stepchildren
- Foster parents and foster children
- Children and guardians/individuals with custody
- Family relatives living under the same roof such a grandparents and grandchildren, siblings, etc.
- Persons currently or formerly living in the same household as a result of being in a romantic relationship
Common examples of violent crime charges between individuals in the above relationships include:
- Assault and battery
- Sex crimes
- Murder and attempted murder
- Voluntary manslaughter
- Involuntary manslaughter
- Aggravated assault
- Aggravated Stalking
- Cruelty to children1
If you were arrested for any of the above crimes at the felony or misdemeanor level, a conviction will result in negative consequences on your life. The criminal charges may also be accompanied by restraining orders or temporary protective orders (TPOs), which can remove you from your home and restrict or eliminate time with your children.
Call 770-887-1209 now and let the expert attorneys of Banks, Stubbs and McFarland work tirelessly to get your family violence charges reduced or dropped.
Penalties for Family Violence Convictions
The State of Georgia considers domestic violence charges to be a more serious crime than violence between non-family members or significant others who are not living under the same roof. As a result, the punishment for a family violence conviction is more severe than other crimes. For example, simple assault turns into a “high and aggravated misdemeanor” when the crime is designated as “family violence.” Similarly, a second or subsequent family violence conviction between the same parties becomes a felony level offense with a minimum of 1 year.
Domestic violence convictions, in general, often result in jail sentences, probation and fines. Georgia also requires that convicted individuals attend a 24-week family violence intervention program that costs approximately $600 to complete. Additionally, either a misdemeanor or felony family violence conviction will result in the loss of ability to own and purchase a firearm for life. Finally, the court will consider domestic violence convictions when determining child custody and visitation, especially if the crime involved the child.
Family violence charges often arise from heated arguments or contempt between individuals. False accusations are common, particularly when there is a pending divorce case, and skilled attorneys know the warning signs of fake claims. The attorneys at Banks, Stubbs at McFarland will compassionately review your case and devote their time and energy to prove your innocence.
Don’t risk the harsh penalties of a family violence conviction. Call 770-887-1209 now to schedule a free consultation at our Cumming, GA office.
1 Note: The State of Georgia states that reasonable “corporal punishment” does not typically qualify as child abuse.