Families are supposed to love each other and treat each other with respect, but sometimes that does not happen. In the heat of the moment, a person can become physically or verbally aggressive. This can sometimes escalate to domestic violence, which can be a serious criminal charge in some cases.
Domestic violence is defined in Georgia’s Domestic Violence Civil Laws under Ann. Code §§ 19-13-1; 19-13-10. Domestic violence refers to the commission of offenses such as battery, assault, stalking, criminal damage to property, and criminal trespass between family or household members.
For first-time misdemeanor domestic violence offenders, penalties may include up to 12 months in jail and fines of up to $1,000. However, repeat offenders will face harsher punishment. A person could face felony charges, which can mean extensive prison time. For example, aggravated assault can result in up to 20 years in prison.
Common Defenses in Domestic Violence Cases
Defending against a domestic violence charge is possible, but it is not easy. It requires a thorough understanding of the facts, evidence, and legal procedures. Here is a look at some defenses you may be able to use. Possible defenses to domestic violence include:
- Self-defense or defense of others. The accused may claim they acted in self-defense or to protect another person (such as a child) from harm. You must prove that immediate harm was imminent and that the force used was proportional to the threat.
- False allegations. The accused asserts that the alleged victim fabricated the incident, often out of anger, jealousy, or revenge, to gain leverage in custody or divorce disputes. Supporting evidence includes texts, emails, or other communications showing inconsistencies.
- Accidental injury. The alleged victim’s injuries were accidental and not the result of intentional harm. You can prove this by demonstrating a lack of intent and providing evidence of how the injury occurred accidentally.
- Lack of evidence. The prosecution bears the burden of proving guilt beyond a reasonable doubt. A lack of substantial evidence can lead to dismissal. You may be able to challenge the credibility of the alleged victim’s testimony and a lack of physical evidence.
- Mistaken identity. The accused argues that someone else committed the act, and they were wrongly identified. Alibi witnesses and video footage or records proving the accused’s location can be used as evidence.
- Police misconduct or procedural errors. In some cases, law enforcement officials may be the ones at fault. They may have violated the accused's rights during the investigation or arrest. Some common procedural errors include failing to read Miranda rights, illegally obtained evidence, and coercing a confession.
Experienced Criminal Defense Attorneys
Domestic violence charges can be severe, especially for repeat offenders. You need to understand your legal rights and possible defenses. Whether you have been accused of a crime or are a victim, the Georgia domestic violence lawyers at Ghanayem & Rayasam can help you with your case. Our ethics, skills, and knowledge help our clients obtain the best possible results in domestic violence cases. Contact us today to learn more. Fill out the online form or call (404) 561-0202.