Most likely, you know at least one domestic battery victim. About one in seven women have sustained a physical injury at the hands of a romantic partner. These statistics are largely self-reported, so they may be a bit inflated. Even taking that into consideration, domestic battery is a serious problem.
A domestic battery arrest usually leads to misdemeanor ordinary assault charges. However, if possible, the state enhances these charges to aggravated assault, which is a felony. More on that below. Domestic battery arrests, and more likely domestic battery convictions, also have a domino effect that affects many other areas of life. More on that below as well.
Mostly because of these collateral consequences, a Marietta criminal defense lawyer typically advocates for defendants in several forums. We concentrate on the offense itself. A successful resolution usually protects defendants from further adverse action. However, we never lose sight of the big picture, which is how a domestic battery charge affects your life.
Prosecutors are Very Aggressive
Geroge Custer (the Custer’s Last Stand guy) and Cobb County prosecutors are a lot alike. You probably didn’t see that comparison coming.
Lt. Col. Custer was an ambitious guy. He knew that, back in his day, timid field officers who waited for reinforcements remained field officers. On the other hand, aggressive commanders who won big battles became generals in St. Louis or politicians in Washington. So, in June 1876, he aggressively tried to win a big battle instead of waiting for help. That decision blew up in his face.
Most Cobb County prosecutors are ambitious as well. The same rules of ascension apply. Timid prosecutors who play it safe don’t move up the ladder. Aggressive prosecutors who win big cases get corner offices.
Therefore, in assault cases, prosecutors often overplay their hands. If the facts marginally support higher charges, like aggravated assault, they go that way.
Here’s a typical example. Husband threatens to get his baseball bat as he pushes Wife against the wall. Prosecutors zero in on the “baseball bat” and file aggravated assault charges. But Husband didn’t use the baseball bat.
Probation Periods are Very Long
Most states cap probation terms at sentence terms. So, the maximum probationary term in a misdemeanor is one year, since the jail sentence is a maximum one year. Georgia doesn’t have such a law. So, it’s very common for prosecutors to offer probation terms of two and even three years in ordinary assault matters.
Most drivers cannot travel more than six or eight blocks without breaking a traffic law. Similarly, most probationers cannot serve more than six or eight months without violating at least one condition of probation, such as reporting to a supervision officer or picking up a new case.
Probationers are automatically eligible for early discharges after three years. The judge will end probation if the probationer has paid all restitution, has not been arrested, and has had no probation violations in the last two years.
Most people don’t want to wait that long. Usually, once the probationer completes the first requirement, a Marietta criminal defense lawyer can immediately terminate probation, or at least ease the conditions.
An Assault Conviction Puts a Target on Your Back
If Jim has an assault record and is the subject of a domestic disturbance call, officers immediately assume Jim was the bad guy before they hear his side of the story. Furthermore, if a violent crime occurs in the neighborhood, investigators will promptly interview Jim. They assume he did it or he knows who did it.
Record restriction (sealing) partially addresses this problem. If a Marietta criminal defense lawyer successfully files a petition, police officers can still view the conviction record on their computers. However, they also know that the defendant has kept his/her nose clean for at least the past four years, which is the restriction waiting period in most cases. Therefore, Jim doesn’t appear to be a likely suspect or possible source of information.
Domestic assault isn’t eligible for record restriction in Georgia. However, most other violent misdemeanors are eligible. A Marietta criminal defense lawyer must be mindful of this fact during charge reduction plea negotiations.
Protective Orders
Most law enforcement agencies have mandatory protective order information policies. They must inform alleged victims of their right to obtain a protective order in civil court.
Let’s switch gears briefly and talk about that. Many alleged victims don’t bother with protective orders. That’s a mistake.
Protective order violations are much easier to enforce than stalking or battery infractions. If a protective order is involved, there’s no he-said, she-said back and forth. The matter is very straightforward. Additionally protective orders give schools and other third parties official notice about the situation.
Some people go the other direction and use false information to obtain protective orders. As many as a third of protective orders fall into this category.
Largely because of this higher percentage, most judges are willing to replace protective orders with consent decrees. A consent decree has the same terms as a protective order, but it doesn’t have the same collateral effect.
Immigration Consequences
A domestic battery conviction could lead to immediate deportation proceedings. Alternatively, such a conviction could adversely affect a future status adjustment application.
Incidentally, according to the government, deferred disposition is a conviction, even though the judge technically dismisses the case instead of finding the defendant guilty.
At the very least, a Marietta criminal defense lawyer can fully apprise defendants of the consequences of their pleas, whether those consequences are direct or collateral. So, the defendant knows exactly what to expect.
Domestic battery consequences continue after the judge’s gavel falls. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.
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