Riverdale, GA asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia

Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

2 Lawyer Answers
Joshua Schiffer
Joshua Schiffer
PREMIUM
Answered
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law (not state), its gets really difficult to provide the right answer without going over the paperwork. You can also fix this issues post-conviction in many cases, but it takes $$$ time and legwork.

Nutshell, you need to get copies of EVERYTHING from the court, get the Sheriff to run a copy of your back ground GCIC, and then take it from there to determine what happened and how it was recorded.

Judith Delus Montgomery
Judith Delus Montgomery
Answered
  • East Point, GA
  • Licensed in Georgia

A: Simple battery can be shown when a person intentionally makes physical contact of an insulting or provoking nature with the person of another O.C.G.A. § 16-5-23(a)(1), or intentionally causes physical harm to another O.C.G.A. § 16-5-23(a)(2).

The crime of “family violence battery” is committed between (1) past or present spouses, (2) persons who are parents of the same child, (3) parents and children, (4) stepparents and stepchildren, (5) foster parents and foster children, or (6) other persons living or formerly living in the same household. The first conviction is a misdemeanor, and the second or subsequent conviction is a felony. The crime of “family violence battery” must cause substantial physical injury or visible bodily harm to the victim. O.C.G.A. § 16-5-23.1(f).

Below is the link to the frequently asked questions you may have. We hope to hear from you soon.

Click Frequently Asked Questions, https://atlfamilyimmigrationlaw.com/videos to view a short video about your family law matter.

For more information, visit my website on https://atlfamilyimmigrationlaw.com/

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