Port Wentworth Domestic Violence Defense Lawyer

Domestic Violence Charges

When you are arrested for a domestic violence charge, the resulting fallout can be catastrophic to your personal life and people’s perceptions of you as a person. Upon arrest, your first move should be to contact a domestic violence defense lawyer and start working towards building your defense strategy. A defense lawyer does not care if you have actually done what you are being accused of. That’s irrelevant to the success of your case. Your lawyer will help you regardless. A criminal defense lawyer will guide you through the process.

Your lawyer’s primary role is to work towards your defense and help improve your situation. Success in your case is all that matters, and your lawyer may encourage you to do whatever you need to ensure that success within reason.

It is important to remember that you are always granted certain constitutional rights, such as your right to legal counsel and your right to remain silent in the event of arrest. When you are arrested, the police may try to intimidate you into admitting some degree of guilt for the charge. You don’t have to say anything that you don’t want to. If you want to sit quietly and request a lawyer, it is your legal right to do so. Georgia domestic violence law ensures these rights are upheld.

Why You Need a Lawyer

You are well within your legal right to decide against retaining experienced counsel, but the consequences can be dire. Having someone on your side who understands what’s at stake and can provide advice based on prior experiences with similar cases can be beneficial in the long run. An aggravated assault lawyer can offer invaluable expertise in your defense.

The state of Georgia has enacted statewide legislation to protect the interests of domestic violence victims and survivors, such as the Violence Against Women Act (VAWA). Legislation like this can make it difficult to turn the tide in your favor, particularly in the court of public opinion, even if the charges against you are totally unfounded.

Potential Defenses Against a Domestic Violence Charge

If you find yourself sitting in a jail cell or in the back of a police car, it may dawn on you how serious your current situation is. The biggest fight of your life may be ahead of you, and you should be prepared to do anything to win, including developing a strong defense strategy with your lawyer’s help. Never forget that you are innocent until proven guilty, and a strong defense could turn the tide in your favor. Here are some possible legal defenses:

• False Accusation: False accusations are not uncommon. In a toxic or codependent relationship, one spouse or partner may use a false domestic violence accusation in an attempt to damage the other partner’s reputation. Sometimes, the accusation is enough to cause permanent damage to one’s life. If you can prove the accusation was false and made in malice, it can help your case.
• Self-Defense: Self-defense is often one of the most reliable defense strategies you can use in domestic violence cases. You are legally allowed to use an acceptable degree of force to fight back against someone who is attacking you if you believe your life to be in danger. If you and your lawyer can prove you were attacked first and only reacted out of self-preservation, it may be enough to help your case.

FAQs

What Happens If Someone Violates a Protective Order?

If you violate a protective order, no matter the reason, you are likely going to face jail time. The court orders the subject of a protective order to stay far away from the person who ordered it. If you violate it once, you may receive jail time for a contempt of court charge and be ordered not to do it again. If you continue violating it, you could face hefty fines and more serious jail time. domestic violence laws in the state of Georgia address these violations with strict penalties.

What Is the Second Chance Law in Georgia?

Georgia’s second chance law allows most misdemeanor convictions to be considered eligible for expungement if enough time has passed since the completion of the sentence. There cannot be any additional convictions within this time frame. This allows certain qualifying people who have served their sentence to have their records cleared in Port Wentworth, Georgia.

What Crimes Cannot Be Expunged in Georgia?

Generally, the crimes that cannot be expunged from your record in Georgia are the most serious ones. This includes most major felonies like murder, rape, armed robbery, aggravated assault, child molestation, and aggravated sexual battery. Any sort of family violence, such as a domestic violence conviction, also cannot be expunged from one’s record.

Do Misdemeanors Go Away in Georgia?

Yes, sometimes a misdemeanor can go away in Georgia, but only in special circumstances. Georgia’s recent second chance law allows for certain qualifying people to get their records expunged. In this case, certain past misdemeanor convictions may disappear. There is also conditional discharge, which would allow certain first-time offenders to get an alternative conviction to prison. This would result in a discharge without a conviction.

Contact Our Lawyers to Get Help with Domestic Violence Cases

Domestic violence is a serious accusation, and it should not be taken lightly. The effects of a conviction can be devastating. The most important decision you can make is to engage an experienced domestic violence defense attorney to help with your situation.

At Jarrett Maillet J.D., P.C., we can help you figure out your first steps when fighting a domestic violence charge. We can help you build a strong legal defense, gather the evidence you need, and make sure your interests are protected throughout the duration of your case. Contact us to schedule a consultation with a valued team member today. With our legal team on your side, you can trust that you are getting the quality legal representation you deserve.