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Are you seeking answers for how to beat a domestic violence charge in Virginia?
Whether you have been charged with spousal abuse, family violence, or any other domestic violence crime, you need to know what to expect and how to get help.
The lawyers at Irving know that dealing with domestic violence charges can be a painful process, and know that you need someone who can be there to support you.
This page will help you understand the legal process and get the information you need.
Keep reading to learn more about combating these charges and how a domestic violence attorney in Virginia may be able to help.
If you need an attorney right away, contact the lawyers at Irving & Irving today at 703 468-1885.
Handling Domestic Violence Allegations
Generally, when the police are called to address a domestic dispute, one of the parties is arrested if there is any evidence of domestic abuse or family violence. If you’ve been charged, you likely spent the night or a few hours in a jail cell.
If you’ve gone through such a traumatic experience, then you may believe that the worst is behind you. However, you may soon find that your nightmare is just beginning unless you hire an experienced criminal defense attorney.
The Potential Consequences of a Domestic Violence Charge
The domestic abuse laws in Virginia are taken very seriously. If you are convicted, the sentence for domestic violence can be devastating.
Domestic assault and battery in Virginia is punished by up to 12 months in jail and a fine of $2,500. The court can also order probation and domestic violence, anger management, and/or substance abuse classes.
A third domestic violence offense can be treated as a felony punishable by up to five years in prison and a fine of $2,500 with an even longer probationary period and more classes.
Once you’ve been convicted, the conviction will remain on your record for the rest of your life and is viewable to the public. In addition, according to federal law, anyone convicted of even a first offense domestic assault and battery can never possess a firearm.
Depending on the severity of the offense, the prosecutor may charge the case as an elevated offense such as unlawful wounding, malicious wounding, aggravated malicious wounding, or even attempted murder.
Finally, based on the conviction, the victim may obtain a protective order against you, requiring that you have no contact with and keep distance from the victim and their family members. In many cases this may result in an individual not being able to see their children or live at their home.
As you can see, that night in jail may be the least of your concerns after being charged with domestic assault and battery.
The Basics of How to Beat a Domestic Violence Charge
In order to protect yourself, you should hire an experienced criminal defense attorney immediately. You may believe that you can handle the matter yourself as the act in question was minor or the victim has promised to drop the charges. In Virginia, a battery is any offensive touching against another person without that person’s consent. A simple push or grabbing of the arm can, and often will, be considered a battery even if no injury resulted.
Further complicating the matter is the fact that the decision to bring charges lies with the prosecutor and not the victim. In other words, the victim cannot “drop the charges.”
Protect Your Name with Experienced Professionals
A skilled criminal defense attorney will defend your case in court or negotiate the matter with the prosecutor in an attempt to ensure that the charges are either dismissed or reduced. In many domestic violence cases, the victim is emotional and upset at the time of bringing charges. This can lead to exaggeration or inaccuracies in the victim’s claims.
An experienced attorney can also subpoena witnesses and evidence to defend you in court and ensure that you have the best chance of winning your case. He or she can also negotiate the case with the prosecutor to have the charges dismissed, possibly upon condition of the completion of domestic violence or anger management classes.
Having an experienced advocate fighting for your rights can mean the difference between going to jail with a conviction and having the charges against you dismissed and going on with your life.
Contact the Irving & Irving Law Firm Today
The attorneys of Irving & Irving have extensive experience in the field of domestic assault and battery defense. We will listen to your individual situation and work with you to defend your rights and determine best how to beat the domestic violence charges against you.
At Irving & Irving we understand that a domestic violence conviction can be a traumatic experience in your life and we will stand beside you throughout this difficult process.
If you’ve been charged with domestic violence, call us today at 703 468-1885 or fill out our online contact form to learn more about how to beat domestic violence charges and we’ll gladly try to answer any questions you may have.