Battery & Domestic Violence

Assault (Two types): Simple Assault or Aggravated Assault

If you were arrested for assault, you were either charged with simple assault or aggravated assault. There are actually two types of simple assault. In the first type of simple assault, no injury may even have occurred. For example, if you were at a football game with when someone pushed you and you grabbed them, but they managed to get away, this could be considered simple assault. This means that you took an action toward violence, which could have resulted in injury. Also, simple assault may occur if you were at this football game and the person who pushed you was about 5 feet tall and weighed only 100 pounds. Since you could potentially do a lot of harm to someone much smaller than you, the person may have believed you could have hurt them. This is considered simple assault.

Aggravated assault is a felony charge and is much more serious. You can be charged with aggravated assault under some of the following circumstances: If a deadly weapon (such as a car, gun or knife) was used, if there was an underlying felony being committed at the time of the assault (such as a robbery), or if you attempted to shoot or stab someone.

Battery Charges (Three types): Simple Battery, Battery and Aggravated Battery.

A battery charge means that a person knowingly and willingly caused physical contact that would provoke a person or cause them harm. This could be something as simple as spitting or pushing someone. If you were charged with battery, this means that the prosecution will try to prove that you meant to cause bodily harm to another person by your physical actions towards them.

An aggravated battery charge is considered a felony while simple battery and battery are misdemeanors. Aggravated battery happens if you immobilize a person so that they cannot use their body to escape from a dangerous situation or save themselves, if you cause a part of their body to stop working, or if you seriously cause permanent damage to a person.

Domestic Violence / Family Violence Offenses

Domestic violence is the act of violence or abuse that occurs between family members or those who have or have had a close relationship. Domestic violence may be committed against a spouse, parent, child, other family member, boyfriend, girlfriend, or any other household member.  It also applies to those who are an ex-spouse or ex family member who lived under the same roof. The State of Georgia takes acts of domestic violence seriously, and punishes offenders accordingly.

Domestic violence can take many forms, including physical, sexual, mental, or emotional. Neglect is another form of domestic violence that may be perpetuated against a family member or intimate partner.

Consequences of a Domestic Violence Conviction

Depending on the circumstances of the case, a domestic violence offense may be charged as a misdemeanor or felony offense in Georgia. If convicted of this crime, potential penalties could include jail time, anger management classes, community service, and fines. Factors such as prior offenses or history of domestic violence help determine the severity of the punishment.

A Temporary Protective Order may be issued as a result domestic violence. This order prohibits the offender from having contact with the victim for a specified period of time. A protection order could also be issued, requiring the offender to vacate the residence. If a person is found to violate a restraining or protective order, he or she could face additional charges including aggravated stalking.

Usually, a victim in a domestic violence case is considered a witness, and therefore cannot have the charges dropped against the defendant. However, having the victim’s cooperation in your defense can be extremely helpful.

Fighting a Domestic Violence Case

Mitch has handled numerous domestic violence cases so call him at 770-889-3653 in order to secure the best possible outcome for your case.

Sadly, many times a false charge is filed against a person for domestic violence in order to gain a perceived advantage in a divorce case. If this has happened to you or a loved one, an attorney can fight to have these charges dismissed in order for your good name to be cleared.