What Is “Family Violence Battery” in Georgia?
Under Georgia law, battery is a criminal offense that occurs when a person “intentionally causes substantial physical harm or visible bodily harm to another.” Simple battery is a misdemeanor. However, if the defendant committed battery against a “household member,” it is classified as “family violence battery.” This is also a misdemeanor, unless the defendant has a prior conviction for a similar forcible felony committed against a household member (in Georgia or any other jurisdiction), in which case it is a felony.
Proving the Victim and Accuser Were Members of the Same Household
Who is considered a “household member” for purposes of a Georgia family violence battery charge? The statute defines the term to include any of the following:
- a past or present spouse;
- persons who are parents of the same child;
- parents and children;
- stepparents and stepchildren;
- foster parents and foster children; or
- other persons living or formerly living in the same household.
As with any criminal case, the prosecution has the burden of proving the relationship between the defendant and their accuser meets the statutory requirement. This can be accomplished solely through witness testimony. Consider this recent case from the Georgia Court of Appeals, Ward v. State. In this case, a woman called the police after hearing screaming coming from her neighbor’s apartment. An officer arrived and found the neighbor–the accuser in this case–in the doorway crying and holding a “bloody, wet rag to her mouth.”
The accuser told the officer that the defendant hit her in the face four times before leaving the apartment and running across the street into a warehouse. At trial, however, she recanted and testified that she slipped and fell on the rain-soaked entrance to her house. She further testified that she had been arguing with the defendant prior to sustaining her injuries and that they “had been in a romantic relationship for about a month and a half.”
Despite the contradictions in the accuser’s testimony, the jury convicted the defendant of felony family violence battery. On appeal, the defense asked for a new trial, in part because the evidence failed to show he and the accuser were “household members.”
The Court of Appeals disagreed and upheld the defendant’s conviction. The appellate court noted that at trial, when asked if she and the defendant “share[] a residence,” the accuser replied, “Yes.” And although the defendant maintained his own residence during the relationship, she added that “he mostly stayed at my house.” This testimony was sufficient to support the jury’s conclusion that the defendant and the accuser were “persons living or formerly living in the same household.”
Contact Hawkins Spizman Trial Lawyers Today
As the case above demonstrates, you should never assume a domestic violence charge will go away simply because the accuser recants or offers conflicting testimony. You must be prepared to defend yourself in court. A qualified Atlanta domestic violence lawyer can review your case and advise you on the best legal strategy. Contact Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
efast.gaappeals.us/download?filingId=68214f81-489d-434c-9694-fc6c103ac547
