In Georgia, a Family Violence Battery charge is generally a misdemeanor the first time someone is convicted. However, if a person has a prior conviction for Family Violence Battery, a second or subsequent conviction can be prosecuted as a felony.

The difference is significant. A first conviction is typically handled in misdemeanor court and carries a maximum punishment of up to 12 months in jail. By contrast, a second or subsequent Family Violence Battery conviction is punishable by one to five years in prison, making it a felony offense.

In other words, what might have been a misdemeanor on a first offense can expose someone to years in the state prison system if there is a qualifying prior conviction. In addition to the potential prison sentence, a felony conviction can have long-lasting consequences, including the loss of certain civil rights, difficulty obtaining employment, restrictions on firearm possession, and other collateral consequences that do not typically accompany a misdemeanor conviction.

Because of those consequences, one of the first issues defense attorneys look at in these cases is whether the State can actually prove the prior conviction necessary to support the felony enhancement. If the State cannot establish a qualifying prior Family Violence Battery conviction, the charge may not be eligible for felony punishment.

The key takeaway is that a Family Violence Battery charge becomes much more serious when there is a prior qualifying conviction. What starts as a misdemeanor offense can become a felony carrying a potential sentence of one to five years in prison and all of the consequences that come with a felony record.