Facing a domestic violence accusation is a terrifying experience. In an instant, your reputation, your freedom and your family life are put on the line. One of the first questions people ask when they face this charge is, “Is this a felony?” The answer isn’t always a simple yes or no.
The legal system looks at the specific details of what happened. The difference between a minor charge and a major conviction often comes down to the unique facts of the case.
A domestic violence charge can be a felony
The penalties following a family violence conviction in Georgia will vary widely depending on the type of crime. Many family violence offenses are considered “wobblers.” This is a legal term meaning the crime can be punished as either a misdemeanor or a felony.
The court decides which path to take based on “aggravating or mitigating factors.” These are elements that make the crime worse, such as using a weapon, causing severe physical injury or having prior convictions. These make a felony charge more likely.
For example, a first-time battery charge might be a misdemeanor. However, if someone with a history of violence commits the same offense, they could face a felony charge.
Build a strong defense strategy to fight charges
A conviction for domestic violence carries lifelong consequences. This is why it is wise to work with a lawyer who can help. An experienced criminal defense attorney can examine the evidence, identify weak points in the prosecution’s case and advocate for your rights. They work to ensure that a misunderstanding doesn’t turn into a felony charge.