Family violence, also known as Domestic violence, refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence, sometimes called spousal abuse when it involves a husband and wife, usually involves repetitive physical and psychological abuse, and a "cycle of violence".  Specific crimes charged vary based on: (1) the severity of the victim`s injuries; (2) whether a minor was present; and (3) whether a protective or restraining order was in place at the time of the violence.

First, the severity of the victim’s injury will determine whether the police and/or prosecutor will charge the accused with simple battery, aggravated assault and/or aggravated battery.  Second, if a minor was present to witness the domestic violence, there will certainly be a charge of Cruelty to Children put upon the accused, for allowing the child to witness the violence.  Third, if there is a protective order in place when the domestic violence occurs, the accused will probably be charged with Aggravated Stalking, which requires a Superior Court judge to set bond.

When an officer is called to a scene due to an alleged family violence incident, 99% of the time, someone is taken to jail.  The person who contacts the police is called the Complaining Witness in a case.  The complaining witness, who might not be the victim, is usually the prosecutor’s main and only witness.  At the time of the arrest, the responding officer may take both a written statement from the victim and photographs of all of the victim’s injuries, which can be used as evidence in the case.  In addition, the 9-1-1 tape can be used as evidence by the prosecutor to establish the emotional state of the complainant.

Please find attached a list of other clients we have helped.  See more under Recent Trials.

 

RESULT: (June, 2011) Two day jury trial on three counts of family violence battery and one count of reckless conduct, where the prosecutor offered client six months in jail.  The jury deliberated for a few hours and returned not guilty verdicts on the first three charges, offering the prosecutor a consolation prize on count four.

 

FACTS: Client meets a woman while working, and gets her phone number.  She has a number f economic woes and client tries to help her during the course of their intimate relationship.  As the relationship turn sour, client continues to try and help this woman.  On the day in question, the defendant loaned the woman his vehicle, with the expectation that she will pick him up after work.  He is unable to get in touch with her immediately after his shift ends, which results in an argument when she does finally arrive.  After he gegins to drive, she continues to insist that he drop her off at her home.  During the discussion of where they would stop first, she jumps out of the vehicle into trafic, while the car is stopped in the left turn lane.  As the turn light turns green, the woman reaches into the backseat, and purposely pull forward in order to try and injure her, or did he not realize what was going on.  The jury decided that it was not purposeful, but threw the prosecutor a bone on the reckless conduct.  The reckless conduct was the same conduct that they voted not guilty on in regards to the family violence battery charges.

 

RESULT: Three-day jury trial on felony family violence battery, resulted in NOT GUILTY verdict.

FACTS: Client dated and lived with crazy girlfriend, who accused him multiple times of domestic violence.  In an effort to get out of jail after the first allegations were leveled against him, the client pled guilty to first false accusation of domestic violence.  Girlfriend made similar allegations again, and even had bruises.  However, an independent witness testified to girlfriend`s crazy behavior in a restaurant and jury found girlfriend incredible. 

RESULT: (February, 2006) three-day jury trial on sole count of Aggravated Stalking resulted in NOT GUILTY verdict.  

FACTS: Client got romantically involved with a woman too quickly.  When client realized that she wanted more than he was willing to commit to and tried to end it, she took out a temporary restraining order (TPO). Client tried to break off all contact, but ex-girlfriend continued to pursue him and create stories about how he would not leave her alone.  Client was eventually arrested and forced to stand trial.

CASE: State of Georgia v. Marcus McKenzie Cherry (10B-5431-8)

RESULT: (June, 2011) Three day jury trial on one count of aggravated stalking, two counts of cruelty to children and one count of family violence battery resulted in NOT GUILTY on all charges.

FACTS: Client meets an underage girl, who lies about her age and becomes infatuated with him, and his famous friends (recording artist Usher).  She has two children with client before she realizes that she will not be living the lifestyle of the rich and famous.  Being the gold digger that she is, she turns her attention to other potential suitors.  She selects her attorney-boss, and begins a relationship with him.  My client finds about his baby’s mama, whom he is living with, dating her boss, and confronts both of them.  Because the attorney-boss wants my client out of the picture, he has the “victim” take a TPO (temporary protection order) against my client.  Interestingly enough, the day after my client is arrested, the “victim” is seen driving around in her new C300 Mercedes, purchased by…You guessed it, the attorney-boss.  On February 15, 2010, which grandma (client’s mother) and the “victim” are exchanging the children, my client supposedly jumps out and punches victim in the face a number of time, right in front of the children.  The “victim” phones the police, who take photos of her injuries.  Client is arrested six months later.  

Keywords: Family Violence Defense Lawyers, Family Violence Attorneys, Lawrenceville Family Violence Attorneys