Savannah Domestic Violence Defense Attorneys
Defending the Accused of Domestic Violence in Savannah, GA
When the police are called in a domestic disturbance, they have little choice other than to arrest at least one person. If you were arrested and charged with a crime of domestic violence, your legal situation is precarious; your personal and professional reputation could be seriously harmed.
You could face very serious long-term consequences, including:
- Jail time
- Fines
- Court-mandated treatment programs
You must seek the help of a skilled Savannah domestic violence attorney in the wake of such allegations. Protect yourself and your rights by retaining Schneider Lerch, LLC. Immediate legal assistance can provide you with the crucial guidance needed to navigate the complex court systems and protect your reputation.
Call Schneider Lerch, LLC at (912) 417-5008 today or contact us online and arrange for a free consultation.
Types of Domestic Violence Crimes in Savannah
Domestic violence is a pattern of abusive behavior in a relationship used by one partner to gain or maintain power and control over another intimate partner. It can occur in various forms and affect people of any gender, age, socioeconomic status, or background. Domestic violence is not limited to physical harm; it includes emotional, economic, and psychological abuse that can have long-lasting effects on the victim.
Common forms of domestic violence include:
- Physical Violence – The use of physical force to cause harm, such as hitting, slapping, kicking, punching, or using weapons.
- Economic Abuse – Controlling a person's financial resources, preventing them from working, or stealing their money to make them financially dependent.
- Emotional Abuse – Undermining a person's self-worth through insults, humiliation, gaslighting, threats, or manipulation.
- Intimidation – Using threats, gestures, or displays of power to create fear and control the victim.
- Stalking – Repeatedly following, watching, or harassing someone, including online (cyberstalking), to instill fear or gain control over them.
- Sexual Violence – Forcing or coercing someone into sexual acts without their consent, including rape and sexual assault.
- Spousal Abuse – Any form of abuse (physical, emotional, or sexual) directed at a spouse or intimate partner.
- Assault – A deliberate act of violence that causes bodily harm or instills fear of imminent harm.
- Battery – The unlawful use of force against another person, resulting in injury or harm.
- Unlawful Restraint – Preventing someone from leaving a location against their will, restricting their freedom of movement.
- Criminal Trespass – Entering someone's home or property without permission to harass or intimidate them.
- Neglect – Failing to provide necessary care, food, shelter, or medical attention, especially in cases involving children, elderly individuals, or dependent partners.
The Role of Law Enforcement in Savannah Domestic Violence Cases
In Savannah, law enforcement plays a pivotal role in responding to domestic violence incidents. Officers are trained to handle such calls with sensitivity and care to ensure the safety of all parties involved. Their primary goal is to stabilize the situation, protect the victim, and hold perpetrators accountable. Georgia law mandates arrest when there is probable cause, reflecting the serious response toward these crimes.
Additionally, the Chatham County Police Department works in conjunction with local domestic violence shelters and the court system to provide a cohesive response strategy. They are committed to connecting victims with victim assistance coordinators who can offer guidance and support through the criminal justice process. This collaborative approach underscores the city's commitment to reducing domestic violence rates and protecting its residents.
What Are the Penalties for Domestic Violence in Georgia?
Penalties for family violence are based on the extent of the victim's injury. Since domestic violence crimes are those committed against people who share a close relationship, there are many situations that could lead to criminal charges for a domestic violence crime.
The consequences for such charges can extend beyond imprisonment or fines; individuals may face restraining orders, loss of child custody, and a permanent criminal record, affecting employment opportunities and housing access. Georgia law takes domestic violence seriously, imposing stringent penalties to deter such behaviors and protect victims from further harm.
If convicted, you could be facing:
- Up to 1 year in jail and $1,000 in fines for simple battery (misdemeanor)
- Up to 5 years in jail and up to $10,000 in fines for felony aggravated battery
Common Legal Defenses Against Domestic Violence Accusations
Being accused of domestic violence is a serious matter, and individuals facing such charges often seek legal defenses to protect their rights. Below are some common legal defenses used in domestic violence cases:
- False Allegations – The accused may claim that the charges are based on false accusations, often due to personal vendettas, child custody battles, or attempts to gain an advantage in divorce proceedings. Evidence such as messages, witness testimonies, or inconsistencies in the accuser's statements may be used to support this defense.
- Self-Defense – A defendant may argue that they acted in self-defense to protect themselves from harm. This requires proving that the accuser was the initial aggressor and that the force used was reasonable and necessary.
- Defense of Others – Similar to self-defense, this defense is used when the accused claims they acted to protect a child, family member, or another person from imminent harm.
- Lack of Evidence – Prosecutors must prove guilt beyond a reasonable doubt. If there is insufficient evidence, conflicting testimonies, or unreliable witnesses, the charges may be dismissed.
- Consent – In rare cases, a defendant may argue that the alleged victim consented to the physical act, especially in situations involving consensual rough or aggressive behavior in a relationship.
- Alibi – The accused may present an alibi proving they were not present at the scene of the alleged incident, supported by witnesses, surveillance footage, or other evidence.
- Police Misconduct or Procedural Errors – If law enforcement officers violated the accused's rights, conducted an unlawful arrest, failed to read Miranda rights, or mishandled evidence, the defense may argue for dismissal of charges.
- Injury Was Accidental – If the alleged victim suffered an injury, the defense may argue that it was accidental and not caused by an intentional act of violence.
- Mental Incapacity or Insanity – The defendant may claim they were suffering from a mental illness or impairment at the time, making them unable to form intent or control their actions.
FAQs About Domestic Violence in Savannah
What Should I Do If I'm a Victim of Domestic Violence?
If you find yourself a victim of domestic violence in Savannah, it's critical to prioritize your immediate safety. Reach out to local shelters like Safe Shelter Savannah, which offer emergency accommodations and legal support. Contact local authorities to report incidents and document any evidence of abuse. Seeking legal advice promptly can also help you understand your rights and options for protection.
How Do Police Handle Domestic Violence Calls?
In Savannah, law enforcement officers are trained to approach domestic violence calls with sensitivity and diligence. Their primary objective is to ensure the safety of the victim while collecting evidence and statements at the scene. Depending on their findings, they will decide whether to arrest the alleged perpetrator. Victim assistance coordinators are also available to offer support and guidance through subsequent legal proceedings.
Can Domestic Violence Charges Be Dropped?
Domestic violence charges are serious and generally not subject to dismissal at the request of the alleged victim, as they are considered offenses against the state. However, legal defenses may present evidence that could lead to reduced charges or a dismissal in court. Retaining a knowledgeable domestic violence attorney can provide further insight into your specific situation.
How Can I Defend Against a False Domestic Violence Accusation?
If falsely accused of domestic violence, it's essential to gather any evidence that supports your innocence, such as communications, witness statements, or an alibi. Hiring a Savannah domestic violence lawyer can help you build a strong defense by examining evidence, highlighting inconsistencies, and ensuring your rights are not violated throughout the legal process.
Fighting False Abuse Accusations
Some accusations of domestic violence are false or exaggerated. The alleged victim may be seeking some advantage in a divorce or could harbor ill-will toward the accused.
If you are being targeted with false allegations, you must retain the services of an aggressive and dependable criminal defense attorney before your case moves any further.
At Schneider Lerch, LLC, we act fast to build a strong defense strategy for our clients. We understand the profound impact that effective representation can have on your case and your life. The sooner our Savannah domestic violence lawyers get involved in your defense, the better your chances will be.
Our firm has significant insight into the criminal justice process and knows how to craft a strong defense strategy. Whether you are innocent or guilty, you have rights as a defendant. Our mission is to safeguard those rights relentlessly.
Call us today at (912) 417-5008 or contact us online if you are looking for aggressive defense counsel in Savannah.
At Schneider Lerch, LLC, you have an entire legal team on your side when dealing with serious criminal matters. We are ready to help you obtain the best possible outcome in your case.
