Family Violence Battery is defined in O.C.G.A. 16-5-23.1 as intentionally causing substantial physical harm or visible bodily harm to another person who are:

• Spouses or former spouses;
• Individuals who have a child together;
• Parents and children;
• Step-parents and step-children;
• Foster-parents and foster-children; and
• Individuals living or formerly living in the same household.

The State of Georgia treats family violence offenses with significant seriousness and may proceed with prosecution even when the alleged victim does not wish to pursue charges. A family violence battery offense may be classified as either a misdemeanor or a felony, depending on the accused individual’s prior criminal history. One of the most substantial consequences of a family violence battery conviction is that any subsequent conviction for the same offense is automatically elevated to felony status. While a first conviction for family violence battery is generally punishable as a misdemeanor, a second or subsequent conviction carries a maximum penalty of up to five years’ imprisonment.

Due to the severity of the penalties for a family violence charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such a serious charge. At the Law Offices of W. Scott Smith, our attorneys defend Family Violence Battery charges in Fulton County. If you have been charged with Family Violence Battery in Fulton County, it is essential to retain experienced legal counsel to minimize the long-term consequences of a conviction. Contact our office at 404-581-0999 to schedule a free consultation!