Lawrenceville Domestic Violence Defense Lawyer

Lawrenceville Domestic Violence Defense Attorney

Accusations of something so serious as domestic violence can have harmful effects on your reputation, both personally and professionally, whether they are true or not. It is important to handle such accusations seriously and in a time-efficient manner, as these things can get out of hand quickly. A Lawrenceville domestic violence defense lawyer can take a look at your case and advise you on the proper steps to take.

Do not wait to take action if you have been accused of domestic violence. These cases can have time-sensitive elements that should be addressed right away with the help of an experienced lawyer.

At The Fleming Firm, we understand what is at stake when you’ve been accused of domestic violence. Domestic violence allegations can have a serious effect on your personal and professional life, and we can give you the support you need to navigate this sensitive matter.

What Is Considered Domestic Violence?

Each state defines domestic violence a bit differently according to its own unique laws and procedures. In Georgia, domestic violence is considered to be any type of family violence between people who share a familial relationship. In some cases, this may be between relatives, while in other situations, violence within a boyfriend/girlfriend relationship could be considered domestic violence.

Though physical violence is oftentimes the first type of violence to be associated with these types of cases, there are other forms of violence that are also detrimental and considered within a domestic violence case. Some of these include

• Emotional violence
• Verbal abuse
• Sexual violence
• Financial abuse
• Isolation and control
• Threats and fear

Misdemeanor vs. Felony

The differences between misdemeanor charges and felony charges in Georgia are significant, and if you are being charged with a crime that can fall into either category, it is important to know the differences.

Misdemeanors are considered to be less serious crimes, oftentimes not resulting in any serious injuries or any life-long implications to the victim(s). Misdemeanors can and do still result in consequences such as fines and incarceration, but the penalties are significantly less than they would be for a felony.

Felony charges are more serious and are usually characterized by the type and amount of harm they inflict upon the relevant victims. There are elements that are present in cases that are charged as felonies that are not present in misdemeanor cases, making them more serious.

Penalties for Domestic Violence Charges

The penalties a person faces for being charged with domestic violence will depend on the circumstances concerning their specific case, as well as whether they are being charged with a misdemeanor or felony. However, some of the more common punishments that someone convicted of domestic violence may face include:

• Incarceration. Both misdemeanors and felonies can come with time in jail, though the amount of time will vary. Depending on the seriousness of the crime, a jail sentence could vary considerably.
• Fines. In addition to jail time, those convicted of domestic violence could also be required to pay hefty fines.
• Protective and restraining orders. In some cases of domestic violence, the victim(s) can obtain a protective order or a restraining order, which requires the individual whom they are accusing of abuse to maintain a certain amount of distance from them. Violations of a protective order can have serious consequences.
• Loss of child custody. For those who have children, an accusation and/or conviction of domestic violence can cause you to lose your rights to your children or for those rights to be severely minimalized.

Examples of Domestic Violence

There is no exhaustive list as to what may be considered domestic violence in a Georgia court of law. These crimes are characterized by violent actions and/or threats made by one individual to another, but they can take many shapes and forms. Some of the more common forms that domestic violence take is:

• Physical abuse: Hitting, slapping, kicking, strangling, pushing, etc.
• Emotional abuse: Insults, name-calling, intimidation, humiliation, isolation, stalking, invoking fear or worry, etc.
• Sexual abuse: Forcing a person to commit any sexual act that they are not aware of or are not consenting to.
• Financial abuse: Controlling the financial assets a person has, sabotaging their credit score, etc.

Other elements that may be present in a case of domestic violence include the presence of a deadly weapon such as a knife or gun, abuse of children under the age of eighteen, and more. If these factors are present, a person who is found guilty of committing such crimes may face more serious consequences.

How a Defense Lawyer Can Help

It goes without saying that if you are accused of domestic violence, you will probably want to build as strong a defense case as possible. The repercussions of being convicted will be serious and something you would rather avoid. An experienced and aggressive domestic violence defense lawyer can help you do this.

There are a few different approaches that a lawyer may take, depending on the details of your case. Some ways in which they may help include:

• Examining the evidence. One of the vital aspects of any case is the evidence that is presented. Evidence is the factor that is hardest to contest, which is why it is so important – it speaks for itself. A defense lawyer can go through the evidence that the prosecution has against you to check its validity and begin searching for flaws in it.
• Representing you in a trial. In the event that you are required to go to trial, it can be reassuring to have someone by your side who can confidently take on the legal proceedings. They can often be long, arduous, and complex, and it is crucial to have a skilled professional advocating for you.
• Gathering evidence in your favor. There may be evidence pointing to your innocence, or that at least sheds doubt on the evidence that is against you. This can come in many forms, including eyewitness testimonies, medical records, and more. It is not necessary to prove you are innocent but rather to cast reasonable doubt.
• Making and negotiating a plea bargain. In some cases, there may be no way to avoid a conviction. However, there may still be options for less penalties. Part of a defense lawyer’s role is to mitigate the consequences as much as possible.

FAQs

How Do I Get a Domestic Violence Case Dismissed in Georgia?

The avenue to getting domestic violence cases dismissed in Lawrenceville, GA is with the help of a skilled domestic violence defense attorney providing evidence of your innocence and casting doubt on the prosecution’s case. The victim cannot change their mind and drop charges themselves. The prosecutor will continue with the case against you. It is possible to settle outside of court before the case goes to trial.

How Much Is a Defense Attorney in Georgia?

The cost of a defense attorney in Georgia will depend on a few factors. Some lawyers may charge by the hour; others will charge a flat fee for various services, while others use a combination of both methods. Regardless, the amount of time a lawyer has to put into your case, the complexity of your case, and even the geographic area can all impact the cost of a defense attorney.

What Is the Statute of Limitations on Domestic Violence in Georgia?

There are varied statutes of limitations on different forms of domestic violence in Georgia. A case of domestic violence classified as a misdemeanor has a limitation of two years, while a felony has a limitation of four years. There are certain exceptions to these time limits for cases involving sexual abuse, molestation, and other additional details that could be relevant to a case.

Is Domestic Violence a Felony in Georgia?

Domestic violence may be considered a felony in Georgia if certain factors of the crimes are present. If the violence was exceedingly physical, had long-term effects upon the victim, involved a deadly weapon of any kind, involved children under the age of eighteen, and/or included sexual assault of any kind, you may be charged with a felony. The punishments for being convicted of a felony are much more detrimental than those for a misdemeanor.

The Fleming Firm – A Domestic Violence Defense Lawyer You Can Trust

Accusations of domestic violence can have drastic effects on many aspects of your life, both personally and professionally. Being charged with such a crime can seriously damage your public image, access to your children, and other important details of your life. At The Fleming Firm, we have an extensive amount of experience in defending people who have been where you are.

At The Fleming Firm, it is our goal to build a strong defensive strategy that will help you reach a positive outcome in your case. Reach out today to learn more about how we can assist you. We can schedule a consultation to discuss your circumstances.