Domestic Assault and Battery Lawyers in Fairfax, VA
Getting charged with domestic assault and battery can be traumatic and potentially life-altering. Even if it is proven in court that you were wrongly accused, the charges alone can harm your reputation and standing within the community. The seriousness of these charges necessitates taking your legal defense just as seriously and retaining a highly skilled and experienced Fairfax domestic assault and battery defense lawyer.
What is Considered Domestic Assault and Battery in Virginia?
Virginia takes allegations of domestic violence very seriously. In fact, the Virginia legislature created a separate criminal offense for domestic assault and battery separate and apart from “normal” assault and battery. According to Virginia Code § 18.2-57.2, any individual who is convicted of committing an assault and battery against a member of their own family or household will be found guilty of a Class 1 misdemeanor.
Overview of the Procedures Associated with Domestic Assault and Battery Charges
Fairfax police are authorized to arrest someone for domestic violence without a warrant provided there is probable cause for the alleged crime under Virginia Code § 19.2-81.3. When police investigate allegations of domestic violence, they are usually accompanied by allegations of spousal abuse, child abuse, roommate violence, and so forth. If police establish probable cause for these other forms of abuse, you could be charged with multiple domestic violence offenses which will escalate the potential penalties, if convicted. In many instances, an emergency protective order may be issued by a judge or magistrate to protect members of a family from further alleged abusive altercations. In the more typical assault and battery cases, Virginia Code § 19.2-151 enables an alleged assault victim to state to a court that satisfactory civil penalties were enforced. This then allows a Fairfax court to elect to dismiss the charges against a person being held for the alleged assault and battery. This procedure is generally known as “accord and satisfaction.” However, in domestic violence cases, this procedure is not followed.
Severe Penalties If Convicted for Domestic Violence in Fairfax
In Fairfax, the penalties for a domestic assault and battery conviction can be quite severe. Virginia law views domestic violence a pattern of sexual, physical, and/or emotional abuse. As a result, the penalties for those individuals convicted of domestic violence are harsh. For example, a first-time offender could be ordered to serve up to one year in a Fairfax jail and/or a fine a monetary fine of up to $2,500. If you have prior domestic violence convictions on your record, the penalties for a subsequent conviction only get worse.
Benefits of Hiring a Respected and Knowledgeable Domestic Assault and Battery Lawyer in Fairfax
A skilled and knowledgeable domestic assault lawyer in Fairfax can make a major difference in the outcome of your case and will be able to assist you throughout the legal process. The stakes are high when you are charged with domestic violence. For example, any conviction involving domestic violence may trigger a federal ban on possessing a firearm. This ban is significant because of the many professions in which the ability to possess a firearm is critical for employment (e.g., police officer, security guard, military service, etc.). If you are charged with a violation of Virginia Code § 18.2-57.2, take the time to consider all ramifications of a possible conviction when consulting with a Fairfax defense attorney. Fortunately, speaking to an experienced and respected defense lawyer in Fairfax will not cost you an arm and a leg. You can consult with a domestic violence defense lawyer for free during a confidential initial consultation.
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.
Contact the Dua Law Firm Today
The experienced and knowledgeable domestic violence defense attorneys with the Dua Law Firm do not just help you fight the charges, they are there for you throughout the legal process. When you hire a members of our legal defense team, you don’t just hire a lawyer, you retain a skilled and aggressive advocate to fight for you throughout this difficult and stressful process. If you were charged with domestic assault and battery in Virginia, now is the time for action. Contact Raj Dua today at (703) 382-7300 or email rd[email protected] to schedule a free, confidential consultation.