Domestic Violence Charges: Defense Strategies

Domestic Violence Charges

Domestic violence charges are fairly common in Georgia. Domestic violence charges, also known as "family violence charges" can upend your life if you are convicted. A conviction will cause immediate problems such as legal fees, fines, incarceration, and parole restrictions. Additionally, anyone convicted will have a permanent criminal record, which can affect employment and more.

However, being accused of domestic violence does not automatically mean you will be convicted. A good defense lawyer and a solid defense strategy can get you through this legal challenge.

Understanding Domestic Violence Laws

Georgia Family Violence laws define domestic violence somewhat broadly. It generally covers any act that may otherwise be aggravated assault or battery, and that occurs between household members. Depending on the circumstances, domestic violence charges may apply to acts of stalking, harassment, trespassing, and causing property damage. Victims of domestic violence, or household members who feel in danger, may seek a Temporary Protective Order (TPO).

What Is a Household Member

The term "household member" extends beyond romantic partners to include parents, grandparents, children, siblings, and certain relatives. This broad definition means that disputes involving household or family members can fall under domestic violence laws in Georgia.

Domestic Violence Consequences

Penalties for domestic violence crimes vary depending on the nature and severity of the acts. Misdemeanor charges equal to simple battery can bring up to a year in the county jail, and fines of up to $1,000. Felony charges equal to aggravated assault can bring up to 20 years in state prison. Other consequences can be protective order restrictions, mandatory counseling, loss of child custody rights, and probation or parole hassles.

Common Defense Strategies

Defending against domestic violence charges requires a thorough understanding of the facts and evidence involved in the case. Below are some commonly used defense strategies:

1. Self-Defense or Defense of Others: One of the most common defenses is self-defense. Georgia law permits individuals to use reasonable force to protect themselves or others from imminent harm. To succeed with this defense, the accused must demonstrate:
     + A reasonable belief that they were in danger of bodily harm.
     + That their response was proportionate to the threat.
     + For example, if someone acted to prevent an immediate attack from a household member, they could argue self-defense. However, the use of excessive force may weaken this argument.


2. False Allegations: False accusations are common in domestic violence cases. These may arise from personal conflicts such as custody disputes or jealousy. To counter false allegations:
   Evidence such as text messages, emails, or witness testimony can be used to challenge the accuser’s claims.
   Video footage or audio recordings may also help prove innocence.
3. Lack of Evidence: The prosecution has the burden of proving guilt beyond a reasonable doubt. If the evidence is insufficient, your lawyer can argue for charges to be reduced or dismissed entirely. your defense lawyer can also challenge the credibility of any testimony and emphasize gaps in the prosecution’s case.


4. Mistaken Identity: Sometimes, the accused may not have been responsible for the alleged act of domestic violence. Mistaken identity or intentional misidentification by the accuser happens (such as when they see someone keying their car). Evidence such as alibi witnesses or video can prove the accused was elsewhere when the incident allegedly occurred.


5. Accidental Injury: The defense may argue that any injuries sustained by the alleged victim were accidental rather than intentional harm. This requires demonstrating a lack of intent and providing evidence explaining how the injury occurred accidentally.


6. Police Misconduct or Field Procedure Mistakes: Law enforcement personnel often make mistakes when handling situations. Their mistakes can be grounds for your case to be dismissed. Common field procedure issues are:
     + Failure to read your Miranda rights to you.
     + Coercing confessions or coaxing statements.
     + Illegally obtaining evidence / illegal searches.
     + Any police misconduct proven can lead to dismissal of charges.



Steps to Take When Accused

If accused of domestic violence in Georgia:

• Remain Calm: Avoid escalating the situation further.
• Do Not Speak Without Legal Counsel: Anything said to law enforcement or others could be used against you later.
• Consult an Experienced Defense Lawyer: A skilled criminal defense lawyer can get to the bottom of things and build a suitable defense strategy.



State Legislative Actions

Georgia lawmakers introduced ways to address complexities found in domestic violence cases. As an example, House Bill 582 seeks to reduce prison time for people who can show their actions were driven by some level of abuse. House Bill 582 addresses the dynamics of domestic violence situations.




Per House Bill 582, judges must consider evidence showing abuse contributed to criminal acts carrying life sentences.

• Sentences for other felonies influenced by abuse would be restricted to 1/2 of the maximum penalty.
• Survivors actively serving time could petition the court for resentencing.
• This modified approach acknowledges that some people act out of self-defense, or under coercion, from their abusers.



Challenges Faced by Survivors

Statistics indicate that about 75% of incarcerated women have experienced domestic abuse or sexual violence. Many were convicted without the ability to present evidence showing how the abuse propelled their actions.

Key Points Summary

Domestic violence cases can be complicated, and the consequences of a conviction can include incarceration. Understanding your rights and available defense strategies is something you need to know. Regardless of the facts of the case, a strong defense representation is essential to achieve an optimal outcome.

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Have you been charged with domestic violence offenses? If so, you need to contact a qualified defense lawyer to discuss your situation. We encourage you to call 770-956-1400 to set a time to meet with a lawyer and learn what you are facing.

CREDITS and FOOTNOTES

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