Person charged with both Simple Battery family violence and Battery family violence. What are the charges? Is counseling a negotiating term? The person has 2 priors with a total of 3 misdemeanors already on record and now facing two more. Just need a generalized understanding of what may be ahead for this individual. Can charges be dropped? does 5 misdemeanors equal a felony? In this case there was a 6 month old sleeping in his crib, does this mean that this person will be charged with cruelty to children? I'm lost and need a little advise. Obviously you will advise me to get a lawyer but, for now, i'd like a general outline if possibl.e
It is going to depend on the position of the prosecutors office and the details of the prior charges as the individual charged may be "recidivized" and that can be felonious. There is also a Cruelty to Children in the 3rd degree charge for fighting in front of a minor. There is no straightforward "x misd = 1 felony" equation here, and the state has broad discretion in determining what charges to bring. The answer above is a good start and you certainly need a detailed session with a lawyer who has experience with Domestic Violence and Criminal Law. Call a LOCAL lawyer, or 3, and do not fall for high pressure sales tactics. Good luck, knowing what I do about your part of GA the individual is in for a long haul, especially if the priors are related. Could be serious time involved.
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Simple Battery-FV, Battery FV, are two different charges. Simple battery is a physical touching of a harmful or insulting nature. Battery has the element of striking someone but not leaving a mark. These are two different charges each carrying a maximum of 1 year in jail and a fine. The charges can be dropped, however if there is a history of FV, the prosecuting attorney will not dismiss the charges. With the history as stated, a defendant may possibly face an extended jail term if proper legal representation is not obtained.