Atlanta Domestic Violence Defense Lawyer

Simple battery is the most common family violence charge in Georgia. It occurs when a person intentionally makes physical contact of an insulting or provoking nature with another person, or when a person intentionally causes physical harm to another.

Examples in domestic violence cases include:

• Pushing or shoving during an argument
• Slapping, hitting, or striking
• Throwing an object that makes contact
• Pulling hair or grabbing forcefully

Penalties: Simple battery as family violence is typically a misdemeanor, punishable by up to 12 months in jail and fines up to $1,000. However, even a first offense triggers the federal firearms prohibition and can be enhanced to a misdemeanor of a high and aggravated nature, which carries stiffer penalties.

Common defenses:

• Lack of intent: The contact was accidental, not intentional
• Self-defense: You were protecting yourself from imminent harm
• Defense of others: You were protecting a child or third party
• Consent: The alleged victim consented to the contact (rare in domestic cases)
• False accusation: The allegation is fabricated or exaggerated

Michael Bixon meticulously reviews the evidence in simple battery cases — including police reports, witness statements, photographs, 911 calls, and medical records — to identify weaknesses in the state’s case and build a compelling defense.

Battery (as distinct from simple battery) occurs when a person intentionally causes substantial physical harm or visible bodily harm to another. This charge requires proof of actual injury, not just offensive contact.

What constitutes “visible bodily harm”?

• Bruises, swelling, or lacerations
• Black eyes or split lips
• Scratches or abrasions
• Any injury that can be photographed or documented

Penalties: A first offense of battery as family violence is a misdemeanor, punishable by up to 12 months in jail. A second or subsequent offense within 10 years is a felony, punishable by 1 to 5 years in prison.

This escalation from misdemeanor to felony is one of the most serious consequences of the family violence designation. Even if you were convicted of a misdemeanor family violence battery 10 years ago, a second charge can result in felony prosecution.

Common defenses:

• Lack of visible injury: The alleged victim’s injuries do not meet the statutory standard
• Self-inflicted injury: The alleged victim caused their own injuries to support a false accusation
• Injury from another source: The injuries occurred before or after the alleged incident and are unrelated
• Mutual combat: Both parties were aggressors, negating criminal liability

Michael Bixon frequently works with medical experts and forensic analysts to challenge the state’s characterization of injuries and demonstrate that the evidence does not support a battery charge.

Aggravated assault is a felony that occurs when a person assaults another:

• With intent to murder, rape, or rob
• With a deadly weapon (including firearms, knives, or objects used as weapons)
• With intent to commit any felony, or
• By causing serious bodily injury

Aggravated assault as family violence is one of the most serious domestic violence charges in Georgia and carries significant prison time.

Penalties: Aggravated assault is punishable by 1 to 20 years in prison. If the assault involved strangulation or impeded the victim’s breathing, additional penalties may apply under Georgia’s strangulation statute (O.C.G.A. § 16-5-21(d)).

Common defenses:

• Lack of deadly weapon: The object used was not capable of causing serious harm
• No intent to commit a felony: The state cannot prove the requisite mens rea
• Self-defense: You reasonably believed you were in imminent danger of serious harm
• Defense of habitation: You were protecting your home from unlawful entry

Aggravated assault cases often turn on witness credibility, forensic evidence, and the defendant’s state of mind at the time of the alleged offense. Michael Bixon’s trial experience — including his graduate status from the Bill Daniel Trial Advocacy Program — equips him to challenge the state’s evidence and present a compelling defense to a jury.

Aggravated battery occurs when a person maliciously causes serious bodily harm to another by depriving them of a member of their body, rendering a member useless, or seriously disfiguring their body.

What qualifies as “serious bodily harm”?

• Broken bones or fractures
• Loss of teeth
• Burns causing permanent scarring
• Traumatic brain injury
• Internal injuries requiring surgery

Penalties: Aggravated battery is a felony punishable by 1 to 20 years in prison. When designated as family violence, the sentence is often at the higher end of the range, and probation is less likely.

Common defenses:

• Lack of malice: The injury was accidental or caused by recklessness, not malice
• Insufficient evidence of serious bodily harm: Medical records do not support the state’s characterization
• Self-defense or defense of others
• Mistaken identity or false accusation

Michael Bixon works with medical experts to analyze the nature and cause of injuries and to challenge the state’s narrative. In aggravated battery cases, the defense often hinges on medical evidence and expert testimony.

Stalking occurs when a person follows, places under surveillance, or contacts another person without that person’s consent for the purpose of harassing and intimidating them. In the domestic violence context, stalking charges often arise from:

• Repeated unwanted phone calls or text messages
• Following the alleged victim to work, home, or other locations
• Showing up uninvited at the alleged victim’s residence or workplace
• Monitoring the alleged victim’s social media or using GPS to track their location

Penalties: A first stalking offense is a misdemeanor. A second offense, or a first offense involving a violation of a protective order, is a felony punishable by 1 to 10 years in prison.

Common defenses:

• Consent: The alleged victim consented to the contact or communication
• Lack of intent to harass: The contact was for a legitimate purpose (e.g., co-parenting communication)
• False accusation: The alleged victim is fabricating or exaggerating the conduct
• Insufficient evidence of a “course of conduct”: The state cannot prove two or more acts

Stalking cases often involve extensive digital evidence, including phone records, text messages, emails, and social media activity. Michael Bixon knows how to challenge the admissibility and interpretation of this evidence and to present context that undermines the state’s case.

Criminal damage to property (also called criminal trespass damage or vandalism) occurs when a person knowingly damages another’s property without consent. In domestic violence cases, this charge commonly arises from:

• Breaking windows, doors, or furniture during an argument
• Damaging a vehicle (keying, breaking mirrors, slashing tires)
• Destroying personal belongings (clothing, electronics, documents)

Penalties: If the damage is less than $500, it is a misdemeanor. If the damage is $500 or more, it is a felony.

Common defenses:

• Ownership dispute: The property belonged to the defendant, not the alleged victim
• Lack of intent: The damage was accidental
• Exaggerated valuation: The alleged damage does not meet the felony threshold
• False accusation: The alleged victim caused the damage themselves

Property damage charges are often used as leverage in domestic violence cases, even when the conduct does not rise to the level of a violent offense. Michael Bixon challenges the state’s valuation of damages and investigates whether the defendant had a lawful right to the property.

False imprisonment (also called unlawful restraint) occurs when a person unlawfully restrains another by restricting their freedom of movement without legal authority.

In domestic violence cases, false imprisonment charges often arise from:

• Blocking a door or preventing someone from leaving a room
• Taking someone’s car keys or phone to prevent them from leaving
• Physically restraining someone during an argument

Penalties: False imprisonment is a misdemeanor for a first offense, but it can be enhanced to a felony if it involves a minor or is committed in conjunction with another felony.

Common defenses:

• No restraint occurred: The alleged victim was free to leave at any time
• Consent: The alleged victim agreed to stay or to the restriction
• Reasonable restraint for safety: The defendant was preventing the alleged victim from driving while intoxicated or endangering themselves
• Brief duration: The restraint was momentary and did not rise to criminal conduct

False imprisonment cases often turn on credibility. Michael Bixon’s skill in cross-examination and his ability to present alternative narratives can make the difference between conviction and acquittal.

Criminal trespass occurs when a person knowingly enters or remains on another’s property without permission. In domestic violence cases, trespass charges commonly arise when:

• A person returns to a shared residence after being told to leave
• A protective order prohibits contact, but the person enters the protected person’s property
• A person enters a former partner’s home without permission

Penalties: Criminal trespass is typically a misdemeanor, but it can be enhanced if it involves a violation of a protective order or if the person was previously warned not to return.

Common defenses:

• Right to possession: The defendant had a legal right to be on the property (e.g., co-owner, lease holder)
• Consent: The alleged victim gave permission for the defendant to enter
• Lack of notice: The defendant was never told not to return or was unaware of a protective order
• Exigent circumstances: The defendant entered to retrieve essential belongings or to check on children

Criminal trespass cases often involve disputes about property rights and shared residences. Michael Bixon investigates lease agreements, property ownership records, and communications between the parties to establish that the defendant had a lawful right to be present.