Prosecutor’s take domestic violence very seriously in Georgia. Georgia Criminal Code § 16-5-23.1 defines domestic violence as whenever a battery, an intentional physical harm or visible bodily harm, is committed against “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.”
First Conviction: Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor, a jail sentence can be imposed of up to twelve months and generally courts will require defendant’s to take domestic violence intervention classes throughout probation; and
Second Conviction: A second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
It should be noted, domestic violence is a “deportable” offense, if you are not a U.S. citizen and are convicted it can lead to serious immigration consequence.
If you need a Family Violence Battery Attorney contact the law office of Andrew Lynch now.