Q: Is there any enhanced sentencing for a conviction of FV Simple Battery if offender has prior FV Battery conviction?
I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.
His sentence for the FV Battery he was 120 days jail time.
As a repeat offender I expected some sort of substantial punishment to hold him accountable, but instead he was given only probation in his plea agreement that I was not made aware of.
I would also like to add that he is considered a career criminal, convicted of multiple forcible felonies including Burglary in the 1st., Aggravated Assault, Multiple Robberies, Possession of knife/gun during commission of felony. He is still on Felony probation and I was the victim in the prior FV Battery conviction.
A:
Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.
Lots of reasons why the matter was handled in the way it was, and you need to ensure your voice is heard at the right forums as you figure out whether the State did its job properly or not. I suggest making an appointment with the Victim Witness advocate at the prosecutors office and bringing written questions.
You deserve answers as a victim
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