Certain violent crimes, if committed between past or present spouses, people who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other people living or formerly living in the same household (except siblings), become family violence crimes. The most commonly charged family violence crimes are family violence battery, family violence simple battery, and family violence simple assault. These are misdemeanors carrying a maximum of twelve (12) months in jail. However, a second conviction for family violence battery is a felony, for which you can receive a minimum of one (1) year and a maximum of five (5) years in jail. As experienced Atlanta domestic violence attorneys who specialize in family violence cases, the Margolis Legal Group is here to help.
Why are family violence cases different? First of all, once the police are called, the situation is taken completely out of the control of the people involved. Here is a common scenario: There’s an argument that gets out of hand. Someone calls the police because they want the police simply to make the other person leave the house. But when the police arrive, they say, “We’re not here to be referees – someone’s going to jail.” Then the police decide who they think the primary aggressor was and make an arrest. Or, if they can’t decide, they may arrest both individuals. This means that even though no one wanted to prosecute, someone’s going to jail and is now charged with a family violence offense.
You should also keep in mind that usually the person who called the police will not be able to just call and have charges dropped. You will need an Atlanta domestic violence attorney who specializes in domestic violence cases.
In addition, allegations of domestic violence can affect divorce, custody, visitation and other family law matters. If you or someone you know is charged with a crime of domestic violence, Atlanta domestic violence attorney Andrew B. Margolis can help. As a former domestic violence prosecutor, Andrew Margolis has a deep understanding of the family law issues involved in cases of this type. He understands the impact that a family violence conviction may have on other areas of your life, and is ready to help.
If you are facing domestic violence charges, or need help with a domestic violence situation, call The Margolis Legal Group, P.C. and talk to an aggressive, experienced and determined Atlanta domestic violence attorney today.