Everyone deserves to have relationships that are free from domestic violence. Felony domestic violence crimes include assault in the first, second, or third degree, malicious mischief in the first or second degree, felony harassment, and violations of a no contact order. In addition, some of the repercussions of a domestic violence case are felt outside the criminal justice system. Second, a state licensing agency can use an affirmative determination of family violence to deny or refuse to issue you a state occupational license.
Usually, domestic violence is charged as a misdemeanor, but in certain cases, it can be charged as a felony. Whether you have been charged with a felony or misdemeanor of domestic violence, the Law Offices of Randall B. Defendants who have been charged with domestic violence or domestic abuse may have several legal defenses available, depending on the circumstances. Factors, such as previous crimes or a history of domestic violence, help determine the severity of the punishment.
A second third-degree domestic violence conviction carries a mandatory minimum prison sentence of 10 days in jail, and a third conviction is a class C felony. There is a section in the Georgia Code that specifically addresses police investigations of family violence incidents. You can't know for sure if your case will be classified as a misdemeanor until a charge is filed, or if those charges are referred to by police, investigators, or the local district attorney's office. Federal law states that anyone who is convicted of a crime of family violence or domestic violence will lose their right to possess or possess a firearm.
If you or a loved one has been arrested or charged with the crime of domestic violence, CALL (25) 301-0362 today. Georgia's definition of family violence expressly excludes “reasonable discipline” by a parent of a child that takes the form of corporal punishment, restraint, or detention. If you are charged with battery against a family member, even if it's “just a misdemeanor charge,” you need a criminal defense attorney experienced in family violence cases to help protect you from the dire consequences this type of conviction can have on your freedom, your work, and your reputation. However, when a crime is domestic violence, there are often other consequences of a conviction.