Defenses for Domestic Violence

Is Domestic Violence a Felony?

Georgia domestic violence is typically prosecuted as a misdemeanor. Under the state’s legal code, misdemeanor domestic violence cases include:

• Acts of battery

• Assault

• Stalking

• Criminal damage to property

• Unlawful restraint

However, certain circumstances can elevate the criminal offense to a felony. Examples of such cases include:

• Cases where the accused has prior convictions for domestic violence

• The offense involves aggravating factors such as severe physical harm

• There was a use of a deadly weapon

• Actions such as strangulation and asphyxiation can also be charged as felonies.

Possible Defenses for Domestic Violence Charges

As with any criminal case, the accuser has the burden of proof in a domestic violence case. A prosecutor must show, beyond a reasonable doubt, that the accused committed the offense. This means an experienced criminal defense attorney can defend you in many ways.

The following are some viable defense options often used in domestic violence cases:

The Victim Caused the Violence

This argument may acknowledge that you caused harm to the victim, but it also raises the possibility that the victim’s actions or behavior contributed to the incident.

This perspective does not intend to blame the victim. Instead, it emphasizes factors, such as their emotional state or provocative behavior, that might have triggered the violence.

It Was an Accident

This defense admits the defendant was at the scene, but the injuries were accidental. To support this claim, you must present verifiable evidence. For instance, if you claim your spouse tripped and banged their head while you were cleaning the kitchen floors. Then, there should be evidence that the flooring was damp.

Self Defense

You can defend yourself or a family member from imminent threat with reasonable force. However, you cannot claim self-defense if you are the initial aggressor. Thus, honesty with your domestic violence attorney in Georgia about the incident is crucial.

False Allegations

Family members may falsely accuse you of domestic violence for several reasons. For instance, false allegations can come up in divorce proceedings. Your spouse might also use it against you in a child custody case. To prove this, your defense lawyer has to show inconsistencies in the accuser’s story.

You Have an Alibi

You can weaken the case against you by showing you were not present when the alleged incident occurred. You will need other witnesses to verify your alibi.

No Proof

The prosecution may lack enough evidence to convict you. If there is not enough incriminating evidence against you, the case will likely fail.

Your attorney will verify the prosecutor’s evidence and contest any inconsistencies. Your attorney will also gather evidence, such as police reports and medical records, to defend you.

Recantations

If the accuser recants their story, it might help your case. Recantations in court or to the police do not negate evidence. The court system takes recantation lightly in a domestic violent offense. This is because the person might instill fear in the alleged victim. In this case, even if the alleged victim confesses, the case will continue.

Chances of Winning Domestic Violence Cases

It’s difficult to estimate your chances of winning a domestic violence case. As in any legal matter, chances of success vary from case to case. Factors that may impact the outcome include:

• The credibility of the parties involved

• Supporting witnesses

• Available documentation (such as medical reports or photographs)

• The skill of the attorney handling the prosecutor’s case

• The skill of the defendant’s attorney

It is crucial to consult with a qualified attorney with years of experience with domestic violence cases. At Philip Kim Law, P.C., we offer a free consultation. During the free consultation, we can evaluate the specific details of your situation and give accurate advice.

Speak With Our Attorneys

Following an arrest for domestic violence, you will likely experience a lot of tension. Hire a defense attorney immediately rather than letting this tension paralyze you into inaction. Speak with our criminal lawyers in Lawrenceville.

At Philip Kim Law, P.C., we understand the importance of addressing domestic violence charges with utmost care and dedication. Our team of experienced attorneys is committed to providing exceptional legal services that prioritize honesty, tailored strategies, and responsive communication.

If you are facing domestic violence charges, your first move should be to talk to our defense lawyers, who are dedicated to protecting your rights and advocating for your best interests.

Philip Kim Law, P.C. offers a strong domestic violence defense strategy and can help you or your loved one with your case. Our attorneys are here to listen to you and fight for your rights. Schedule a free consultation with our lawyers today.

Frequently Asked Questions

Is There a Statute of Limitations on Georgia Domestic Violence?

The statute of limitation for domestic violence crimes in Georgia depends on the legal classification of the crime. Domestic abuse cases that are misdemeanors have a statute of limitation of 2 years. However, felonies have a statute of limitation of four years.

Can Domestic Violence Charges Be Expunged From My Record?

In Georgia, domestic violence charges cannot be expunged from your record if you were convicted. However, if your case was dismissed, you may be eligible to have the arrest and charges expunged from your record.