Being accused of domestic assault is a serious matter that can result in life-altering consequences. In Georgia, domestic assault charges can lead to jail time, fines, restraining orders and long-term damage to your reputation and relationships. If you are facing such charges, it’s important to understand your rights and the options available to defend yourself effectively.
In Georgia, domestic assault typically refers to physical harm, threats and/or unwanted contact involving family members, intimate partners or household members. This includes spouses, ex-spouses, co-parents and people living together. The law applies to acts of violence or threats that inspire a fear of harm. Domestic assault charges can range from misdemeanors to felonies, depending on the severity of the behavior at issue, any history of prior offenses and other factors.
Your rights
If you’ve been charged with domestic assault, you have rights. They include:
- The Right to Remain Silent: Avoid making statements to law enforcement without your attorney present, as anything you say can be used against you.
- The Right to an Attorney: You have the right to legal representation. A skilled criminal defense team can work to protect your interests and help you navigate the legal process.
- The Right to a Fair Trial: You are presumed innocent until proven guilty beyond a reasonable doubt.
With that said, some rights are not easy to exercise. Know that by enlisting the support and guidance of a knowledgeable legal advocate as soon as possible, you’ll place yourself in the strongest position to exercise them effectively.
Potential defenses
There are several ways to defend against domestic assault charges, depending on the nature of your specific circumstances. Defensive strategies that may work in your favor include:
- False Allegations: Domestic assault accusations are sometimes made out of anger, revenge or to gain an advantage in a divorce or custody dispute. Exposing allegations as genuinely false can be a powerful approach.
- Self-Defense or Defense of Others: If you acted to protect yourself or someone else from harm, this could be a valid defense.
- Lack of Evidence: The state must prove its case beyond a reasonable doubt. Your attorney can challenge the evidence against you, questioning its credibility or sufficiency.
Domestic assault cases are complex and potentially consequential in a variety of ways. Having an experienced criminal defense attorney by your side is essential to building a strong defense. Our firm understands the gravity of domestic assault charges and the impact they can have on your life. We are dedicated to providing aggressive, compassionate representation to ensure that your rights are upheld. Our team is committed to fighting for justice and helping you achieve the best possible outcome, so know that you’re not alone.