Allegations of domestic violence can arise for many different reasons. Perhaps concerned neighbors called the police when they overheard an altercation. Officers responding to an alleged domestic violence call may assess the situation and determine that they need to take one of the people present into state custody.
Other times, one person may directly accuse another of engaging in domestic violence. They may call for help during a fight or go in person to file a report at the local police department. If law enforcement professionals believe those allegations, they may arrest the person accused.
Anyone facing accusations of domestic violence may feel quite anxious about the future. The state typically investigates and then pursues charges if the situation warrants prosecution. Understanding what occurs during that process can be beneficial for criminal defendants.
The legal process depends on the charge
How the state converts an accusation to a criminal charge depends on the severity of the alleged offense. Domestic violence is technically a wobbler offense in Georgia. State prosecutors can handle the case as a misdemeanor or as a felony offense.
In a misdemeanor domestic violence scenario, a printed police report and statements made by the alleged victim may be all that the state needs to bring charges against the defendant. The process is substantially different when the defendant faces felony charges.
In such cases, the prosecutor must present evidence to a grand jury. The grand jury evaluates the evidence presented by the prosecutor to determine if there truly is enough evidence to secure a conviction or justify a felony indictment.
In both cases, information ranging from witness statements to medical records can contribute to the state’s case against the person accused of domestic violence. Those hoping to fight domestic violence charges sometimes need support from the earliest stages of the process. The suppression of certain evidence, for example, could limit the likelihood of a grand jury returning an indictment in a domestic violence case.
Understanding the difference between misdemeanor accusations and felony indictments can be beneficial for those hoping to avoid a life-altering criminal conviction. The guidance and legal knowledge of a criminal defense attorney can prove invaluable for those accused of domestic violence, regardless of whether the state pursues a misdemeanor or felony charge.