Under Georgia law, a conviction for domestic abuse can lead to serious, far-reaching consequences. Acts of family violence are generally punished more severely than standard assault charges. That said, an arrest never guarantees that you will be convicted.

If you have been accused of this offense, it is understandable for you to worry about the impact of Carrollton domestic violence penalties. A conviction can lead to long-term consequences, but you have an opportunity to defend yourself against these charges. Let a skilled domestic violence attorney advocate on your behalf.

Sample Penalties

There are several different criminal offenses that are considered acts of domestic violence in Carrollton. Each offense has its own elements that must be proven, and they also have varying sentencing ranges.

Assault or Battery with Family Violence

An assault or battery charge involving a spouse or relative is generally treated as a misdemeanor. If convicted on these charges, the accused could face as much as 12 months in jail. There is also a potential fine of up to $1,000.

A person with a prior conviction may expect to face felony charges with steeper consequences if there is a common victim. A felony conviction for battery under these circumstances can lead to between one and five years in prison.

Aggravated Assault or Battery

When allegations of domestic violence include aggravating conditions, the accused could face a much steeper sentence upon conviction. Aggravated assault involves acts of violence that meet certain additional factors, including:

  • The intent to rape or murder
  • The use of an object resulting in strangulation
  • The use of a deadly weapon

If found guilty, the accused could face up to 20 years in prison. There is also a minimum sentence of three years for these charges when the family violence act is implicated.

Violating a Protective Order

One of the most common criminal offenses involving a family member is the violation of a protective order. Generally speaking, these orders are put in place after a prior incident between family members. The document issued by the court typically requires the parties to have no contact with each other. Violating these terms could result in up to 12 months in jail and a fine of no more than $1,000. It is, however, very rare to see someone charged with simply violating a protective order. Typically, prosecutors are going to reach and seek to prosecute someone for aggravated stalking if there is a protective order that’s violated.

Collateral Consequences

A conviction for a domestic violence offense can mean more than jail time or fines, as there are also collateral consequences to consider. These are not penalties written into criminal statutes, but the consequences for a convicted individual’s life are still very real.

When a person is found guilty of a domestic violence offense, it can impact their reputation, making it difficult to find or maintain employment. Employers have the right to discriminate based on a person’s criminal history.

Another example of potential collateral consequences involves a person’s custody rights. When there has been a conviction for assault, the accused could face an unfortunate outcome in family court. These collateral penalties only come up when a person is convicted of domestic violence, making it vital to work with a Carrollton attorney to build a solid defense.

One major consequence, especially for those in Georgia, is that a conviction for a crime of family violence will cost someone their firearm rights. Georgia permits someone to possess a firearm if their conviction was only a misdemeanor, however the federal government prohibits those convicted of misdemeanor family offenses to possess firearms.

Talk To a Carrollton Attorney About Domestic Violence Penalties

Allegations of domestic abuse are serious matters. When the police get involved, a criminal conviction can upend your life and follow you for years to come. Thankfully, you have the right to present your defense with the help of capable legal counsel. Call J. Ryan Brown Law today to learn how an attorney might be able to help you defend yourself against Carrollton domestic violence penalties.

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC
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