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In Fulton County, a family violence battery conviction carries serious and lasting consequences that extend beyond the courtroom. Whether it’s a first-time misdemeanor or a subsequent felony offense, the impact on one’s personal, professional, and legal life can be profound.

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Legal Penalties

Under Georgia law, a first conviction for family violence battery is classified as a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. However, many judges opt for probation, which often includes mandatory participation in a Family Violence Intervention Program (FVIP). Failure to complete this program can result in additional penalties, including potential incarceration.

A second or subsequent conviction for family violence battery is automatically classified as a felony, carrying a prison sentence ranging from one to five years.

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Collateral Consequences

Employment and Professional Licensing

A family violence battery conviction can severely hinder employment prospects. Many employers conduct background checks and may disqualify applicants with a history of domestic violence offenses. Additionally, professionals in fields such as healthcare, education, and law may face disciplinary actions or loss of licensure due to a conviction.

Firearm Restrictions

Both federal and state laws prohibit individuals convicted of domestic violence offenses from possessing firearms. This restriction applies even to misdemeanor convictions and can affect individuals’ eligibility for certain jobs and activities requiring firearm use.

Family Law Implications

Family courts prioritize the safety of children and may modify custody and visitation arrangements if a parent is convicted of family violence battery. Convictions can lead to supervised visitation or, in severe cases, the loss of parental rights.

Immigration Consequences

Non-citizens convicted of family violence battery may face deportation, denial of visa applications, or ineligibility for naturalization under federal immigration law.

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Long-Term Impact

Beyond immediate legal penalties, a family violence battery conviction can have enduring effects on an individual’s reputation and social relationships. The stigma associated with domestic violence offenses can lead to strained relationships with family and friends, and challenges in rebuilding one’s personal and professional life.

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Seeking Legal Counsel

Given the serious consequences of a family violence battery conviction in Georgia, it’s crucial to seek experienced legal representation. A skilled attorney can provide guidance on defense strategies, potential plea options, and the implications of a conviction on various aspects of your life. Early legal intervention can make a significant difference in the outcome of your case.

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The lawyers at the Law Office of W. Scott Smith have vast experience in handling family violence battery cases in Fulton County. Call us at 404-581-0999 for a free consultation.

The First Offender Act is a progressive statute implemented by the State of Georgia where a person who has never been convicted of a prior felony offense can be sentenced on a pending charge, but subsequently, have those charges sealed by the court if he/she successfully completes their First Offender sentence.

According to O.C.G.A. § 42-8-60, the accused may be eligible under the First Offender Act if the following statements are true:

• The accused has never been convicted of a felony;
• The accused have never been previously sentenced under the First Offender Act;
• The offense charged is not a serious crime committed against a law enforcement officer engaged in his/her duties;
• The offense charged is not Driving Under the Influence (O.C.G.A. § 40-6-391);
• The offense charged is not a serious violent felony (O.C.G.A. § 17-10-6.1);
• The offense charged is not a serious sexual offense (O.C.G.A. § 17-10-6.2);
• The offense charged is not related to child pornography (O.C.G.A. § 17-10-100.2);
• The offense charged is not related to electronic sexual exploitation of a minor, computer pornography (O.C.G.A. § 17-10-100);
• The offense charged is not trafficking of persons for labor or sexual servitude (O.C.G.A. § 16-5-46); and
• The offense charged is not neglecting disabled adults or elderly people (O.C.G.A. § 16-5-101).

HOW IT WORKS

Trial counsel for the accused must ask the judge to sentence him/her under the First Offender Act. Then, the judge will consider whether to sentence the accused to First Offender after he/she hears arguments from both the prosecution and the defense. If the judge sentences the accused under First Offender, his/her official criminal history will describe the disposition of the crime charged as “First Offender” until the sentencing term is successfully completed. If the accused violates any conditions placed on him/her during their term of sentence, including committing another crime, the judge has the discretion to revoke the First Offender status. This means that the accused will be sentenced and convicted, which will be shown on his/her official criminal history. In revoking one’s status, the judge does have discretion to sentence the accused to the maximum penalty for the crime charged. However, if the term of sentence is successfully completed, the clerk of court will seal the offense charged from his/her official criminal history.

CONTACT US

At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about the consequences of a criminal conviction on one’s record, as well as all possible options for our clients dealing with pending allegations. Therefore, if you have been recently arrested on a criminal charge or your case is currently pending, please call our office today at 404-581-0999 for a free consultation.

When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are facing criminal charges in Cobb Superior Court.

Incident/Arrest

A criminal case begins when an incident occurs or when you are arrested. Sometimes this is immediately after allegedly committing a crime and sometime this is after a law enforcement agency does some investigating and decides that an arrest is appropriate and obtains a warrant from a magistrate judge. At this point, you will be booked into the Cobb County Jail.

First Appearance and Bond Hearing

This is the first time you will go before a judge. In Fulton County, felony first appearance hearings occur every day but Sunday and are held virtually at 11:30. Defendants appear from the jail and the magistrate judge and private lawyers appear remotely. When determining if you will receive a bond, and how much that bond will be, the judge will consider several things. Among other factors, the judge will consider your criminal history and your ties to the community when determining the amount of your bond.

Preliminary Hearing

In Cobb County, you will not receive a preliminary hearing if you bond out. If you do not bond out, you are entitled to this hearing in which the judge decides if there is enough evidence to support the charges. If the judge decides there is not enough evidence to support the charges, your charges will be dismissed. Remember that you won’t have this hearing if you bond out.

Transfer of Incident Report and Evidence and Investigation

Next, the arresting agency sends the incident report and any evidence to the office that will be responsible for prosecuting your case. For felonies in Cobb County, this is the District Attorney’s Office. The District Attorney’s Office will then investigate your case and prepare the paperwork needed to formally accuse your case.

Charging of Your Case

For felonies, the charging document is called an accusation or indictment. The charging document details what crimes you have been charged with and provides details about how each crime was allegedly committed. Once this charging document is drafted, your case will be assigned to a Cobb County Superior Court judge and will be assigned a unique case number that will track the case.

Arraignment

In Cobb County Superior Court, an arraignment is your first court appearance after your case is officially accused. Three things happen at arraignment: you receive a copy of the charges, you enter a plea of not guilty, and you request a jury trial. We can often waive this hearing and enter a plea of not guilty on your behalf so that you will not have to attend this court date.

Filing Motions

After your arraignment, we will file written motions in your case. We will file preliminary motions which include asking the State for a copy of the evidence in your case. After reviewing the evidence, we will file any additional necessary motions. These might include motions to suppress any evidence that we believe was obtained in a way that violated your constitutional rights.

Motions Date

After filing our written motions, your case will be placed on a motions calendar to allow us to argue the motion in front of your assigned judge. Sometimes a judge will issue a ruling right away and sometimes a judge will issue a written ruling in a few weeks. This motions hearing may include testimony from the officer that arrested you or may simply be legal argument.

Trial

If we do not receive an offer to resolve your case that is favorable, we will place your case on a trial calendar. This is our signal to the State that we want to take your case to trial in front of a jury of twelve of your peers. Depending on your charges and the amount of evidence involved in your case, trial could be as short as one day or could last multiple days.

 

This is an overwhelming process and is not designed to be navigated easily on your own. We would be honored to represent you through every step of the process. If you are facing any type of felony charge in the Superior  Court of Cobb County, call our office today at 404-581-0999 for a free consultation.

Generally, possession of a personal amount of marijuana is considered a misdemeanor, pursuant to O.C.G.A. § 16-13-2(b). However, possession of other forms of THC, such as oil, resin, or wax, which are extracted from the plant, can be charged as a Schedule I felony in accordance with the Georgia Controlled Substances Act.

THE OFFENSE

V.G.C.S.A. offenses, which stands for “Violations of the Georgia Controlled Substances Act,” include criminal charges relating to the possession of THC oil. According to O.C.G.A. § 16-13-25 of the Georgia Controlled Substances Act, THC oil is considered a Schedule I controlled substance. A Schedule I controlled substance is defined as:

1. A drug or other substance that has a high potential for abuse;
2. The drug or other substance does not currently have any accepted medical use in treatment in the United States; and
3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

According to O.C.G.A § 16-13-30, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance, this includes non-medicinal THC oil, which is categorized as a Schedule I felony in the State of Georgia.

LOW THC OIL

However, an experienced criminal defense attorney could negotiate for a felony charge to be reduced down to a misdemeanor under O.C.G.A. § 16-12-191. This statute governs the possession of “low THC oil.” Pursuant to this statute, it is unlawful for any person to possess, purchase, or have under his control, 20 fluid ounces or less of low THC oil. If convicted under this statute, the accused will be sentenced to misdemeanor punishment.

In order for it to be considered “low THC,” the prosecution must prove that the oil was less than a 5% concentration of THC. Thus, the GBI crime lab must provide to the State, as well as to the defense, an analysis of THC concentration, which does not always happen in every case. If this is not provided, the prosecution will have difficulty proving that the oil is above a 5% concentration of THC, and therefore, an experienced criminal defense attorney could negotiate for a felony possession of THC oil charge to be reduced down to a misdemeanor.

CONTACT US

Due to the complexity of the charge of possession of THC oil, as well as the severity of the punishment, it is of vital importance to hire an experienced criminal defense attorney to defend you against such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know the possible options of an accused arrested and charged with possession of THC oil, we are experienced and skilled at defending such allegations, and we work tirelessly at advocating for our client’s rights. Therefore, if you or a loved one has been arrested for possession of THC oil, please call our office today at 404-581-0999 for a free consultation.

A new bill introduced in Georgia’s statehouse aims to protect artistic expression in the courtroom, specifically targeting rap music and other forms of creative work. House Bill 237, introduced during the 2025-2026 legislative session, seeks to prevent rap lyrics—or any other artistic expression such as music, dance, performance art, poetry, literature, film, and visual art—from being used as evidence in criminal trials, unless certain conditions are met.

Under this proposed law, in order for rap lyrics or any other form of artistic expression to be admissible at trial, prosecutors must meet four specific requirements:

1. Intent: The defendant must have intended to adopt the literal meaning of the artistic work as their own statement or belief.
2. Factual Nexus: There must be a clear connection between the artwork and the specific facts of the alleged crime.
3. Relevance: The artwork must be relevant to an issue that is in dispute during the trial.
4. Probative Value: The artwork must have distinct probative value that cannot be demonstrated by other admissible evidence.

Prosecutors must prove all four of these elements by clear and convincing evidence in a pre-trial hearing. If they fail to do so, the artwork cannot be used as evidence in the trial.

The bill’s main goal is to protect the First Amendment rights of individuals, ensuring that creative works are not unfairly used against defendants in criminal cases. The bill, which has gained bipartisan support, was introduced by State Representative Kasey Carpenter.

As the bill moves forward, it highlights the ongoing conversation about the intersection of art, expression, and the law. If passed, this legislation could have significant implications for how creative works are treated in Georgia courtrooms.