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What are the charges for Simple Battery Family Violence and Battery Family violence in Georgia?

Blue Ridge, GA |

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

Attorney Answers 2

Posted

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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5 comments

Asker

Posted

Where do they go from here as far as getting him cleared to go to marriage counceling and such. Contact the DA or the sheriff?

Joshua G. Schiffer

Joshua G. Schiffer

Posted

It is a series of negotiations with the proper State representative, but having those conversations without the assistance of an attorney is a TERRIBLE idea. While I love many prosecutors (both of my partners are former prosecutors in fact), their duty is to the state and they are well trained to find and prosecute alleged offenders. Everything you say can AND WILL be used against your BF and even possibly you. You run a high risk of really hurting his case and possibly getting yourself into hot water. About 1/4 of my domestic violence clients have tried the "DIY" approach and then had to hire us because they were in over their heads. Lawyers go to school for a long time to get ready to manage these cases, doing it yourself is like doing your own plumbing, electric, car repair or Surgery. While you can try it, if you make a mistake the results are often catastrophic.

Asker

Posted

ok. thank you. seems my hands are tied until his lawyer makes a move. continued therapy for me and maybe seperate sessions for himself. atleast it will show them that he knows he is wrong and moving toward a positive direction.

Asker

Posted

ok. thank you. seems my hands are tied until his lawyer makes a move. continued therapy for me and maybe seperate sessions for himself. atleast it will show them that he knows he is wrong and moving toward a positive direction.

Joshua G. Schiffer

Joshua G. Schiffer

Posted

Therapy is always a good step to take. My grandfather helped found the Arkansas Psychological Association and my Brother runs the mental health program at a large prison in the Mid-West. I see a therapist due to the stress we see on the job and recommend anyone who is having a tough time do the same.

Posted

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.

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4 comments

Asker

Posted

Can the person that called the cops on this case, ask the DA for the charges to be dropped or does she have to go thru the judge that is on the case?

J. Thomas Salata

J. Thomas Salata

Posted

She cannot have contact with the Judge. That would be improper as there are certain rules about communications with judges. In this with the Defendant's criminal history, my opinion is that the DA will not drop the case. This opinion is based on my experience previoulsy working in that circuit with the DA in Blue Ridge. Your best option is to hire an attorney as soon as possible.

Asker

Posted

What if the defendant is willing to do marriage counceling and anger management. Should she contact the DA or is this unproper as well?

Asker

Posted

The priors that the defendant has is not FV but possession.

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