Defending Domestic Violence Cases In Cobb County And In The Atlanta-Metropolitan Area
Family Violence Battery
The Offense
In Georgia, cases involving domestic violence is known as the offense of family violence battery. Georgia Code 16-5-23.1 defines this offense as follows:
- if the offense of battery is committed between household members, it shall constitute the offense of family violence battery.
The law defines the term “household member” as follows: past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.
Sentencing Range
- First conviction: misdemeanor
- Second or subsequent conviction against the same or another victim: felony; subject to imprisonment for not less than one nor more than five years
- If the defendant has previously been convicted of a forcible felony: felony; subject to imprisonment for not less than one nor more than five years
Potential Defenses
Georgia law has specifically carved out an exception for situations involving reasonable corporal punishment administered by parent to child.
I Own Firearms. Will A Domestic Violence Conviction Affect My Rights?
Federal law-specifically Code 18 U.S.C. 922-prohibits those who have been convicted in any court of a misdemeanor crime of domestic violence from shipping, possessing or receiving firearms involving in interstate commerce.
There are certainly differences between federal law and state law and evolving definitions of what exactly constitutes 'interstate commerce.' In addition, entering a plea of 'no contest' may certainly affect your right to keep and bear arms under state law. These can be murky waters, and you need an experienced attorney skilled in these matters to help you navigate those waters successfully.