In the state of GA, what is the normal sentencing for family violence and simple battery? the person was charged with both

Asked over 2 years ago - Evans, GA

In the state of GA, what is the normal sentencing for family violence and simple battery? the person was charged with both charges for the same incident

Attorney answers (3)

  1. Daniel Ellis Rice

    Contributor Level 18

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    Lawyers agree

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    Answered . Depending on multiple factors, a person may be sentenced up to one year in jail or on probation. However, for family violence simple battery, the fine may be up to $5,000, rather than up to $1,000 for non-domestic violence simple battery. Also, normally, a person convicted of family violence may have to attend one or more family violence counseling programs, and likely do community service (this can vary depending on multiple factors).

    Assuming the facts are reasonably favorable and/or the prosecutor is willing to show a little leniency, the defendant may be permitted to engage in a pre-trial diversion program (this is essentially a program by which the defendant may or may not have to plead guilty, but if they fulfill the terms of the program, the case will likely be dismissed) or the First Offender Act (where the defendant pleads guilty and has to fulfill the terms of the sentence, but if they successfully complete the sentence, no conviction will show up on their record for that particular offense). For the FOA, the defendant must have never used it before, and must never have previously been convicted of a misdemeanor and/or felony.

    I advise that the person in this case contact an attorney who can best advise based on the particular facts of the case. Good luck.

  2. David A. Canale

    Pro

    Contributor Level 12

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    Lawyers agree

    Answered . That is a difficult question to answer without knowing the criminal history of the perpetrator. Generally, however, probation is the standard for a first offense in the Atlanta Metro area. That might be different in other areas of the state.

    You might want to speak to an experienced criminal defense attorney in your area for more information.

    Nothing contained herein shall be considered or construed as creating an attorney client relationship between the... more
  3. Jody Louis Sellers

    Contributor Level 6

    1

    Lawyer agrees

    Answered . The term "Family Violence" is defined in O.C.G.A. 19-13-1, and encompasses battery, assault, etc. Depending on the exact criminal charge, the sentence can vary. To ensure that your correctly advised, you should seek a criminal defense attorney at your soonest convenience.

    The information provided is only a general answer based on the limited facts stated in the question. This answer... more

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