A family violence battery in Georgia is identical to a battery except that it contains an additional “family relationship” element. While battery and family violence battery are very similar, the consequences are not. Family violence battery has very serious consequences that many do not know about. Both family violence battery and battery occur when someone “intentionally causes substantial physical harm or visible bodily harm to another.” See Georgia Code 16-5-23.1. Any type of slap, punch or physical contact, that leaves a mark, is generally enough to constitute a battery charge. A simple battery charge results when there is no mark or evidence of injury.
What is Family Violence?
A family violence crime is one that occurs between the following people:
- Spouses or former spouses
- People who have a child together
- Parents and children
- Step-parents and step-children
- Foster-parents and foster-children
- Roommates or former roommates
A family violence crime can involve simple battery, battery, aggravated assault, simple assault, and more. When a crime involves “family violence,” there are different consequences associated with it.
Family Violence Battery Consequences
The first major consequence of a family violence battery conviction is that any future conviction for the same crime is an automatic felony. Likewise, if you have been convicted of a felony family violence crime, a subsequent family violence battery automatically becomes a felony. This is true no matter who the victim is. With a normal battery, the charge is always a misdemeanor unless it is the third battery committed against the same victim. Repeat offenses escalate very quickly with family violence battery. This rule, however, does not apply to simple battery, family violence. A second misdemeanor simple battery, family violence is still a misdemeanor.
The misdemeanor/felony distinction is important. A misdemeanor carries a maximum of 12 months of jail or probation with a $1000 fine. A felony carries a sentence of up to 5 years prison or probation. In addition to fines, jail, and probation, many judges assign lengthy and expensive family violence classes. In some places, these classes are up to 24 weeks and cost $30 dollars or more per class.
Losing Gun Rights
Federal law restricts gun rights for those convicted of a “misdemeanor crime of domestic violence.” The statute’s definition includes Georgia crimes of battery and simple battery family violence and more. It defines domestic violence as,
“the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”
While it is not illegal to possess a gun under Georgia law after conviction, it is illegal under federal law. You could be subject to federal charges for possessing a firearm after pleading guilty to a family violence battery or simple battery.
Given the serious consequences of pleading guilty to a family violence battery, it is crucial that you consult with an experienced Georgia criminal defense attorney. At Wosnik Law, we will carefully analyze the details of your case. If you have been charged with a family violence crime, contact us today for a free consultation.