Atlanta Domestic Violence Lawyer
Are you experiencing turbulent times in your marriage or family? Were the police called to your home as a result of a domestic dispute? Are you the subject of a temporary protective order that limits your access to your children and home? Have you been charged with family violence battery or aggravated assault? At Hirsch Criminal Defense, individuals accused of both misdemeanor and felony charges of domestic violence can get legal help.
Domestic violence cases are based on relationships. The basis for enhanced punishment is the relationship between the defendant and the alleged victim. Because the law includes people who have lived together for any reason and at any time, domestic violence charges are not limited to arguments and fights between couples or siblings. In DeKalb County, a physical argument with your roommate can result in a charge of domestic violence.
How Domestic Violence Charges Are Different
Many charges of domestic violence originate with a neighbor calling the police because he or she can hear a loud argument. This means that if your neighbor hears you arguing with your roommate, you can be charged with simple assault, and face fines, court-ordered counseling, probation and the loss of your gun rights for the rest of your life. You also may have a restraining order taken out against you. Attorney Matt Hirsch has helped people overcome these charges in DeKalb, Fulton, Cherokee and Gwinnett counties.
The language of domestic violence laws is very general, and the application of the law is very broad. The consequences of a domestic violence conviction are not the same as any other misdemeanor conviction!
The Georgia Family Violence Act authorizes the state to punish defendants more harshly for misdemeanors classified as domestic violence. State and federal laws ban anyone convicted of a misdemeanor crime of domestic violence from ever owning a firearm again. A single conviction for any crime of domestic violence under state law results in any subsequent offense being automatically charged as a felony. If you are charged with felony family violence battery, you face up to five years in prison. If you are charged with aggravated assault – family violence, you face up to 20 years in prison.
The stakes are much higher when ordinary charges, such as battery or simple assault, are accused as crimes of domestic violence under the Georgia Family Violence Act. Your case is unique. The way the law applies to the facts is different in every case. The experienced attorney at Hirsch Criminal Defense takes a unique approach to your defense. He tailors his legal strategy to meet your needs and your goals for the outcome of the case. He will work with you throughout the process of reaching a solution, whether the case can be resolved through negotiation or by taking your case to trial.
Read about a real-life domestic violence case on our blog: 1 facing domestic violence charges after alleged assault.
Common Questions About Domestic Violence Charges In Georgia
When facing domestic violence accusations, defendants often have urgent concerns about their rights, the legal process and potential consequences. Here are answers to questions Attorney Hirsch frequently hears from clients in Atlanta and throughout Georgia.
What should I do if I’m arrested for domestic violence in Atlanta?
If you are arrested for domestic violence in Atlanta, remain calm and exercise your right to remain silent. Do not make any statements to police without an attorney present, even if you believe you can explain the situation. Anything you say can be used against you in court. Request to speak with a lawyer immediately. Taking swift action with an experienced Atlanta domestic violence lawyer can make a significant difference in the outcome of your case.
Can domestic violence charges be dropped in Georgia?
Domestic violence charges in Georgia can be dropped, but the decision ultimately rests with the prosecutor, not the alleged victim. Even if the person who accused you wants to drop the charges, the state may choose to move forward with prosecution. Prosecutors often proceed with domestic violence cases based on police reports, witness statements, photographs and other evidence collected at the scene.
However, an experienced attorney can work to get charges reduced or dismissed. Attorney Hirsch examines every aspect of your case, including whether proper procedures were followed during your arrest, whether evidence was legally obtained and whether the prosecution can prove their case beyond a reasonable doubt. He may negotiate with prosecutors to have charges dropped or reduced, or he can take your case to trial if necessary. Each case is different, and the approach depends on the specific facts and evidence involved.
How does a domestic violence conviction affect gun rights in Georgia?
A domestic violence conviction in Georgia results in a permanent loss of your right to own or possess firearms under both state and federal law. This applies even to misdemeanor domestic violence convictions, not just felonies. Once you are convicted of any crime classified as domestic violence under the Georgia Family Violence Act, federal law prohibits you from purchasing, owning or possessing any firearm or ammunition for the rest of your life.
This restriction cannot be easily reversed. Even if your criminal record is expunged or sealed under Georgia law, the federal firearm prohibition remains in effect. For individuals who hunt, work in law enforcement or the military or simply value their Second Amendment rights, a domestic violence conviction carries lifelong consequences. This is one of many reasons why it is critical to fight domestic violence charges with an aggressive defense strategy from an Atlanta domestic violence lawyer.
If You Are Facing DV Charges, Get Aggressive Representation
If you have been accused of a crime involving domestic violence in Atlanta, in DeKalb County or anywhere in Georgia, attorney Matt Hirsch can help you. He is an aggressive attorney who knows how to protect your rights. To schedule your consultation, contact the law office in Atlanta at 404-919-7096.