How Long Do You Go to Jail for Domestic Violence in Georgia?
How long do you go to jail for domestic violence in Georgia? Find out here from a trusted domestic violence criminal defense lawyer.
How Long Do You Go to Jail for Domestic Violence?
Domestic violence is a crime that can have serious consequences. If you are charged with domestic violence, it’s essential to know how long you will be incarcerated and what the penalties are if convicted.
The length of time you spend in jail depends on several factors, including your criminal history, whether or not there were injuries sustained during the incident, and other circumstances surrounding the case.
In some cases, the judge may give you probation instead of sending you to prison. In this situation, you would serve a sentence of community service as part of your punishment.
If you are found guilty of domestic violence, you could face up to one year in jail and/or fines ranging from $500-$1,000. The judge has discretion when sentencing someone who is convicted of domestic violence.
If you are arrested for domestic violence, you should contact an experienced attorney immediately. A good lawyer can help you avoid getting into trouble with the law by working out a plea deal that keeps you out of jail.
How Long Do You Stay in Jail for Domestic Violence?
The number of domestic assault convictions and the extent of injury caused usually affect the time you stay in jail.
Domestic violence, typically categorized as a misdemeanor assault charge, is usually considered a threat to violence and can cause one to serve a maximum of two months in jail.
Domestic battery charges, which is also considered a first-degree misdemeanor, carry a maximum time of one year in jail.
If you commit the offense more than once, you could be subject to five years in prison. Additionally, you could be at a higher risk of being denied access to your family members or getting a long-term restraining order against you.
What Is the Jail Term for Domestic Violence Crime?
The jail time associated with a domestic violence conviction depends on whether the charge is a misdemeanor or a felony.
Domestic battery and simple battery are all classified as misdemeanors, and they involve physical contact that does not include any injury.
However, in cases where there are injuries or a defendant (the person accused) has had a history of domestic violence offenses in their record, the defendant could face felony charges.
Jail Time for Domestic Abuse
When a violation is alleged as a misdemeanor, a defendant is likely to face a minimum of three years of summary or informal probation.
If the defendant has had prior convictions for violating the battery and sexual battery penal code even without serious body injuries, they must serve a minimum of fifteen days in a county jail or a maximum of up to one year in county jail.
And if they have had two prior convictions within the last seven years, they must face a minimum of sixty days or up to a maximum of one year in county jail.
What Is the Average Jail Sentence for Domestic Violence Charges?
Domestic violence involves several serious offenses. This may include physical violence, sexual abuse, and threatening behavior.
All these are offenses that can cause one to be jailed. Additionally, heavier sentences can be imposed for assault if the victim has a personal relationship or is a family member with the perpetrator.
Average Jail Sentence for Domestic Violence
The average time for a person who has had domestic assault convictions several times is five years in jail.
But for a first conviction which is considered a misdemeanor (provided that there are no aggravating circumstances), it’s only punishable with twelve months in prison and a fine of up to $1,000. If it’s a third conviction, the offense is a felony punishable by up to four years in jail.
How Long Do You Go to Jail for Domestic Abuse?
If you face charges for a domestic violence offense such as a domestic battery, you will likely face time behind bars if convicted. If a court finds you guilty, there is a potential that you could serve a compulsory minimum prison time or jail time.
Accordingly, you should consider hiring an experienced criminal defense attorney to help you navigate through this process. A lawyer will be able to assist you during the entire legal proceedings and make sure you receive fair treatment from law enforcement officials.
In addition, lawyers can also help you obtain a protective order against your abuser so that he cannot come near you again.
How Long Will You Go to Jail for Domestic Violence?
While the maximum prison or jail time ranges from one to five years, the mandatory minimum is also similar across the board. It may include serving time in a county jail or a state correctional facility. This includes:
- Twelve months maximum jail penalty plus a fine of $1000 for the first offense.
- A maximum of five years in state prison for a second offense or subsequent offense involving the same victim or another family member.
Potential Penalties for Domestic Violence
The State of Georgia defines domestic violence as a criminal act between certain family members. The type of relationships defined within the scope of family violence defined usually includes:
- Foster parents and foster children
- Members currently or previously living within the same household
- Parents and children
- Stepparents and their stepchildren
- People who are parents of a mutual child
- Former or current spouses
Simple battery, simple assault, stalking, unlawful restraint, criminal trespass, and battery are all types of acts classified under domestic violence committed between the people mentioned above.
What Are the Penalties for Domestic Violence Offenses?
The severity of domestic violence penalties can cause long-term effects to your life, including your professional and personal life. Take a look at the potential penalties one can face when convicted of domestic violence charges.
Fines and Imprisonment
In Georgia, acts of domestic violence are usually taken very seriously, and it is greatly punishable when people involved are in a personal or domestic relationship compared to those who are not.
A simple assault that could be considered a misdemeanor becomes a high and aggravated misdemeanor when it happens between a member with a close or personal domestic relationship.
For instance, jail periods and fines imposed on domestic violence crimes are usually higher or longer between individuals with a domestic relationship. Still, the penalties are likely to be less severe for individuals with no personal relationship.
But generally, felony domestic violence offenses usually result in heavier fines and harsher punishments.
Loss of Parental Rights
One can lose their parental rights after being charged with domestic violence. According to the criminal justice system, the alleged victim of domestic violence can be denied physical or legal custody of their children, especially if they are minors.
Once a protective order is granted, any attempt to contact the child may be considered a misdemeanor punishable with a fine of up to $1,000 or a jail time of one year.
Domestic violence felony charges make it difficult for one to obtain employment in the future. Employers find it hard to employ a person if they have a prior conviction. They believe that having a blemish on one’s records could impact an employee’s prospects, capability to perform their job, and public confidence.
What Is the Maximum Jail Time for Domestic Violence?
The maximum time one can spend in jail is usually based on the charges and severity of the circumstances. This means that sentencing is generally based on factors such as injuries inflicted, an individual’s prior criminal history, and more.
Therefore, for a third-degree felony, one can be sentenced to a maximum of five years in prison. For a second-degree felony, the maximum prison time is usually fifteen years, and for a first-degree felony, the maximum time one can spend in jail is thirty years.
How Long Is a Prison Sentence for Domestic Violence?
The length of time one could spend in prison greatly depends on the severity of a case. For misdemeanor offenses, the penalties are usually relatively less severe than the time one could spend in prison. For a first offense, the minimum jail time is twelve months, but a person is likely to be sentenced to five years in prison for the second and third offense.
Reach Out to a Criminal Defense Attorney if You’ve Been Accused of a Domestic Battery
If you’re facing domestic battery charges, reach out to a lawyer right away. The sooner you get help, the better your chances of getting a favorable outcome.
You should also take note of the following:
- If you are the accused person, don’t give statements without consulting with a lawyer
- Don’t sign anything until you speak to a lawyer
- Never talk about the details of the case in front of police officers
- Be open and honest when talking to law enforcement officials
- Always keep your cell phone close by so that you can call an attorney at all times
A domestic violence lawyer will work closely with you to ensure that you receive fair treatment from the authorities. Contact us now to schedule a free consultation!