Winder Felony Domestic Violence Defense Lawyer

Areas of Practice - Domestic Violence

Family violence cases are especially common these days.  It is not necessarily true that husbands and wives are fighting more than they used to, it is just that law enforcement has taken an especially aggressive stance on these cases.  In the past, it was common for an officer to come out and diffuse a bad situation by only talking to the parties.  Today, if an officer is called out to a domestic disturbance, it is quite likely that someone is going to jail.  If the officer notices a small scratch, bruise, or redness on someone, it is almost assured that the other party is going to jail.  If there was a child in the house, that person will also likely be charged with child cruelty.  An arrest, however, does not mean that the person will be convicted if he or she asserts the proper defenses.

Some tips if you have been arrested for Domestic Violence:

Conditional bonds: The person who has been arrested is quite often given a “no-contact” bond which means that they are unable to see or talk to their spouse and/or children.  This means that the person likely can not go home and sometimes even his or her place of business.  These bonds can often be modified to allow contact.  An attorney can file a motion asking a judge to change no-contact bonds.  Waiting for the criminal case to be resolved can mean not seeing your family for months or years.  Mr. Healan often gets these bonds changed well before a court date is scheduled on the underlying criminal case.

Marital privilege: Generally speaking, a spouse can not be compelled to testify against the other spouse, although there are exceptions to this rule.  Thus, for married couples, the alleged victim asserting the marital privilege is often a powerful weapon to use to defend a domestic violence charge.  The attorney must, however, be familiar with defending these types of cases.  He or she must be very familiar with the rules of evidence to ensure that the prosecutor can not try to use inadmissible prior statements from the spouse that asserts the marital privilege.

Firearm and hunting rights: Be aware that someone who has been convicted of a crime of domestic violence, even a misdemeanor crime, will lose their right to possess firearms FOREVER.  Thus, someone who goes to court and takes a plea bargain for probation and a fine “just to get it over with” is often left with a lifetime of ramifications.

Other lasting effects of a family violence conviction: Although the first family violence battery charge is a misdemeanor, the second one is a felony.   Thus, if you plead guilty to this charge, you are setting yourself up to be potentially charged with a felony in the future.  If you are charged in the future, the prosecutor will use the first charge against you to attack your credibility.  A domestic violence conviction is also a powerful tool for your spouse to use against you in the event of a divorce or custody battle.

Mr. Healan can be your lawyer in a domestic violence case.  Healan Law Offices provides services across north Georgia, especially the following: Barrow County, Jackson County, Gwinnett County, Hall County, Banks County, Walton County, Oconee County, or Athens-Clarke County and live in Winder, Statham, Auburn, Bogart, Commerce, Jefferson, Braselton, Athens, Gainesville or other cities in those counties.  Mr. Healan would like to be your domestic violence attorney.  Contact him today.