PRACTICE FOCUS AREA
Family Violence Offenses
What is a Family Violence Offense?
In Georgia, the following acts are considered family violence offenses when committed by a family/household member:
- Simple battery
- Simple assault
- Aggravated assault
- Criminal damage to property
- Unlawful restraint
- Criminal trespass
- Any felony
Who Qualifies As A Family/Household Member?
The state defines the following as domestic relationships in the case of family violence offenses:
- Current and former spouses
- People who are parents to the same child(ren)
- Parents and children
- Stepparents and stepchildren
- Foster parents and foster children
- Any persons living in the same household at the time of the alleged offense
Simple vs. Aggravated Assault
Assault in Georgia differs based on the severity and circumstances of the crime. Simple assault occurs when someone either attempts to commit a violent injury to another person or commits an act which places another in reasonable apprehension of immediately receiving a violent injury. Aggravated Assault occurs in cases where an individual assaults another with intent to murder rape or rob, using a deadly weapon or object which when used offensively is likely to result in serious injury or harm (fist and feet included), or discharges a firearm toward an individual from a vehicle without justification. Simple Assault can be classified as either a misdemeanor or a felony, whereas an aggravated assault is always treated as a felony.
Penalties for Family Violence Offenses
Typically, the law treats family violence offenses more severely than identical crimes between people not in a domestic relationship. If you are accused of committing a family violence crime in Georgia, it is important to consult with an attorney to understand your charges. Call The Usry Firm to speak with an experienced family violence attorney.