Domestic violence is an incredibly serious issue, and many incidents across the country never get reported at all. While false accusations make up only a small percentage of cases, they can have devastating consequences for the accused. If you are facing domestic violence allegations in Georgia, it is crucial to understand your rights, the potential penalties, and how to defend against your charges. Continue reading for more information and reach out to an Atlanta domestic violence lawyer to obtain skilled legal advice today.
What is Domestic Violence?
Many people mistakenly believe that domestic violence is a crime in itself. However, it is actually a category of offenses that certain crimes can fall into depending on the relationship between the offender and the victim.
Under Georgia law, domestic violence (referred to as family violence) can include any felony offense, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, and criminal trespass. Now, these crimes on their own do not necessarily qualify as domestic violence. However, if an offense is committed between people with the following types of relationships, it can be considered domestic violence:
- Former or current spouses
- People who are parents of the same child
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- Former or current members of the same household
How Can I Defend Against Domestic Violence Accusations in GA?
Because the penalties for a conviction can be so severe, it is essential that you understand how best to defend yourself against domestic violence accusations in Georgia. The angle you choose should depend on the specifics of your circumstances, but below are some of the most common and effective defensive tactics.
- Self-defense: You could argue that you or someone else was in imminent danger and that you used reasonable force to protect yourself or another person
- False accusation: Depending on the circumstances, you may be able to claim that the victim made false allegations because of a divorce dispute, custody issue, retaliation, or some other reason
- Lack of evidence: It is the prosecution’s burden to prove that you are guilty beyond a reasonable doubt, so poke holes in their argument by pointing out insufficient evidence
- Accident: If the victim’s injuries were accidental and you did not intentionally cause harm, it is possible that the situation does not meet the definition of domestic violence
- Mutual aggressive behavior: If both parties engaged in an altercation or aggressive behavior, and there is no clear primary aggressor, it could weaken the prosecution’s case that you committed domestic violence
A skilled lawyer will be able to evaluate your situation and determine which defenses will work best in your case. Reach out to an experienced criminal defense attorney for more information and legal advice today.
