What is the charge of assault and battery on a family member in Virginia?
Virginia criminal code defines it as any person who commits the crime of assault and battery and the victim happens to be a family or household member.
“Family or household member” means…
Contrary to popular misconceptions about the law, even if a family member (spouse, ex-spouse, siblings, parents and children) does not live in the same house as you or whether the incident took place at home or not the fact the victim was a family member satisfies the requirements of this section.
What is the penalty for assault and battery against a family or household member?
Contrary to popular misconceptions, assault and battery against a family or household member can land you in the jail for up to 12 months. This crime is classified as a Class 1 misdemeanor in Virginia and is punishable by (1) up to 12 months in jail, (2) a fine of up to $2,400, (3) or both. If charges are filed then a hearing is held at the Juvenile and Domestic Relations District Court of the applicable City or County.
How can an experienced Virginia criminal defense attorney help in your case?
– Have the charges against you dismissed.
The defenses available in an assault & battery on a family member can vary widely depending on the specific facts and circumstances and having an experienced Virginia criminal defense attorney ensures that the available defenses are not overlooked and are argued in your favor to have the charge dismissed.
– Have the charges against you reduced or jail time waived.
Depending upon the circumstances, the criminal history, and the willingness of the victim to see the defendant go to jail an experienced attorney, through effective negotiation and plea bargaining can have the jail time suspended and have defendant placed on probation without being found guilty under VA Code 18.2-57.3 in Alexandria, Arlington, Fairfax, and Prince William County Juvenile and Domestic Relations District Court for your case.