Domestic Assault and Battery
Virginia Domestic Assault and Battery Lawyers
Domestic assault and battery is considered a serious criminal offense in the state of Virginia. Domestic assault and battery is a specific form of standard assault and battery, which falls under VA. Code 18.2-57. In order for assault to occur, and individual must threaten harm against another with a present and imminent ability to act on that threat. Battery occurs when an individual carries out the given threat and harms another. Common battery actions in domestic assault and battery cases include but are not limited to slapping, beating, spanking, pushing, hitting, or punching. When an individual performs these actions against a family member, household member, or romantic partner, the charge becomes domestic assault and battery.
If you’ve been charged with domestic assault and battery in Virginia, it’s important that you don’t take the charge and possible consequences lightly. You must understand the penalties for the offense as well as your legal rights so that you can prepare to defend against the charge in court. A domestic assault and battery charge, while serious, does not have to mean your entire life is over if you are bolstered with an exceptional legal defense.
Virginia Domestic Assault and Battery Penalties
In Virginia, a domestic assault charge usually involves jail time and a hefty fine. Domestic assault and battery, VA. Code 18.2-57.2, is considered a class 1 misdemeanor with up to 12 months in jail and a $2,500 fine. The circumstances of the domestic assault and battery case may deem a more extreme charge. For example, strangulation, under VA. Code 18.2-51.6, is considered a class 6 felony and can give you up to 5 years in jail and a $2,500 fine. If your case involves strangulation, you’re looking at a more serious charge and a tougher court battle ahead of you.
In any case, the penalties for assault and battery are significant, and having an assault and battery charge on your record can lead to challenges even after your time is served, such as difficulty finding jobs or housing. Having a domestic assault and battery charge on your record can have additional consequences, such as a loss of your guardian status or an inability to adopt a child.
Other Virginia Assault and Battery Charges
There are many degrees of assault and battery offenses in Virginia, some of which may involve or overlap with domestic assault and battery:
- 18.2-51 – Unlawful wounding: (class 6 felony)
- 18.2-51 – Malicious wounding (class 3 felony)
- 18.2-51.6 – Strangulation (class 6 felony)
- 18.2-57 – Simple assault (class 1 misdemeanor)
- 18.2-57 – Assault & battery (class 1 misdemeanor)
- 18.2-57 – Assault on law enforcement (class 6 felony)
- 18.2-57 – Assault as a hate crime (class 1 misdemeanor)
- 18.2-57 – Assault as a hate crime with injury (class 6 felony)
In Virginia, each offense has different circumstances and penalties associated with it. It is important that you understand what charge your case falls under so you can be better prepared for court.
Fighting an Assault and Battery Charge
Depending on the circumstances of the domestic assault and battery offense, you may be able to fight the charges in court. Having a strong defense can lead to your charges being dismissed, or your jailtime and/or fine being reduced. You might be able to prove the incident was justified, such as if you committed the act in self-defense or to prevent the victim from hurting someone else.
Whatever the circumstances of your case, if you’ve been charged with assault and battery and need legal advice or defense, it’s important that you hire the best legal defense possible. At Dua Law Firm, our lawyers will pour over every detail of your domestic assault and battery case and organize the strongest defense they can. We are dedicated to protecting your legal rights and working to give you the most desirable outcome in court.
Call Raj Dua at (703) 382-7300 or email firstname.lastname@example.org for a free consultation.
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