Marietta Domestic Violence Attorney

Domestic violence cases often result in a rush to judgment against the accused. The law wants to protect the alleged victim, and this can sometimes happen at the expense of the defendant.

At Waid Law Firm, LLC, we will work to protect your rights, no matter the nature of the charges against you. Addison Waid is a former prosecutor who has handled thousands of cases in the criminal justice system, yet no case is ever routine to him. When you hire us for your case, you can expect a true professional who will take the time to learn about you and your circumstances before giving legal advice.

Waid Law Firm, LLC is located at 399 Washington Ave NE, Marietta, GA 30060. Call us today at 470-458-9866 to schedule a free initial consultation.

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When you hire us for your case, you can expect a lawyer who will blend both skilled tactics and strong communication. Client Joy Aikens writes: “Attorney Waid is strategic, thorough and professional. He handles business in a timely and transparent manner. I definitely recommend his services!”

What Is Domestic Violence in Georgia?

There is no specific law on the books in Georgia that makes domestic violence itself a crime. Instead, the Georgia Family Violence Act applies certain elevating factors when a covered criminal action involves one of a number of family relationships.

Georgia law begins with certain base crimes, such as:

• Simple assault
• Aggravated assault
• Simple battery
• Battery
• Aggravated battery
• Stalking
• Criminal damage to property

While the underlying crime is the same, the nature of the charges may change if there was a domestic relationship involved. For example, if there are allegations of violence or property damage when the case involves current spouses, former spouses, domestic partners, co-parents to a child and other types of qualifying relationships, there may be additional consequences for the defendant.

Defenses to a Criminal Charge Involving Domestic Violence

Your defense in a domestic violence case revolves primarily around attacking charges based on the underlying conduct. At the same time, for you to be subject to enhanced penalties, the prosecution must prove not only the elements of the underlying crime, but also that there was a qualifying relationship.

Your Marietta domestic violence attorney may use the following to defend against the charges in court:

• You reasonably believed that you were acting in self-defense (this argument would be judged objectively based on what a reasonable person would have perceived in the situation).
• You were the victim of false allegations (these can often happen in custody disputes or when there is a contentious relationship).
• You used reasonable force to protect someone else from imminent and unlawful force.
• The prosecutor does not have the evidence to prove every element of the alleged crime.

Penalties for a Domestic Violence Conviction in Marietta

If you are convicted of a crime involving family violence, you may be subject to the following penalties:

• A first offense is a misdemeanor which is punishable by up to 12 months in jail.
• A second offense is charged as a felony, and a conviction could result in a jail term of between 1 to 5 years.
• A simple assault or battery against a qualifying family member can be raised to a charge that can result in a jail sentence of up to one year.
• If there was aggravated assault or battery involved, you may receive a jail sentence of between 3 to 20 years.

The First Offender Act Could Help in Your Circumstances

Georgia has a law that can be used to provide relief for people who have been convicted of a first offense for certain crimes. There is a chance, although not a certainty, that the First Offender Act could apply to your case. If you plead guilty to the charges, and you have not been previously convicted of this crime before, a judge may discharge the case without a conviction.

First offender act treatment is at the discretion of the court. Even if you may qualify for it, it is up to the prosecutor whether to recommend it and the judge to grant it. Even still, you may be subject to a number of requirements that can include:

• Not having any contact with the victim if ordered by the court
• Completing a certified Family Violence Intervention Program
• Paying fines or restitution
• Performing community service
• Obeying all other laws

The Collateral Consequences of a Domestic Violence Conviction

A domestic violence conviction can potentially take your freedom away. In addition, there are other possible consequences of a conviction that can remain with you for perhaps the rest of your life. The ramifications may include:

• You will be left with a lasting criminal record for the rest of your life because domestic violence convictions cannot be expunged in Georgia.
• If you are the subject of a restraining order, you may find it difficult to work and carry on with certain daily activities if they place you in close proximity to your accuser.
• Federal law requires that you surrender your firearms if you are convicted of certain domestic violence charges, or you are subject to a restraining order due to domestic violence.
• You may lose or find it difficult to qualify for a professional license, such as in healthcare or the securities industry, because you must disclose a domestic violence conviction.

Contact a Marietta Domestic Violence Law Firm

Waid Law Firm, LLC can work to protect your legal rights, while providing you with compassionate legal representation. Given that much can happen in the early days of your case, it is essential that you contact a Marietta domestic violence attorney immediately. Schedule a free initial consultation with Addison Waid by visiting our website or by calling us today at 470-458-9866.