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Those charges would need to be either Nolle Pros'd, or dismissed by the judge. These are two different kinds of standards. How to drop assault and battery charges in virginia court. Your attorney could subpoena the medical records of the victim in a simple assault charge and talk to anyone mentioned in the police report. A first domestic assault offense in Virginia is usually charged as a Class 1 misdemeanor. Although the case may seem minor, it takes an attorney with years of experience to make sure your defense is solid to ensure the best possible outcome. When the act was unlawful but without the intent to maim, disable, disfigure, or kill, then they may be found guilty of a class 6 felony. According to VA Law 18.
The use of future fears such as, "I will shoot you next month", will not lead to a simple assault charge but that does not mean you won't be charged with other crimes. Motivated crimes are offenses performed against certain people in relation to their race, belief, culture, sexual category, sexual orientation or disability. This can be a difficult concept for the jury to understand, and without an effective Fairfax criminal defense attorney you run the risk of a 6 month minimum sentence in jail for an assault that may have involved no hate that is legally punishable. One should expect to have to go into court and deal with this case. If an assault is performed upon someone selected based on race, religion, color, or national origin (aka a "hate crime"), there is a. mandatory minimumof 30 days in jail. For a defense attorney, it opens up the possibility for cross-examination, but, certainly, it is damaging to have somebody on the stand crying because they are afraid that their client hurt them. To be guilty of battery, a person has to intentionally make contact with the "victim" and has to intend what they do to cause harm or offense. If this is the case, there will be serious allegations on the case which may lead to more jail time. One of the most commonly prosecuted offenses in Virginia is assault and battery of a family member (also called domestic assault and battery) under Virginia Code section 18. How to drop assault and battery charges in virginia woolf. A nolle pros means "decline to prosecute. " It is best to consult with a lawyer who can best advise you of your rights.
It is vital that you read the order carefully, and it is critically important that you comply with the order until its expiration. The penalty will generally be 0-12 months in jail, a fine of up to $2, 500, and full restitution to the victim. Takes action that causes a spouse or ex-spouse, a member of the family, or a person residing in the same household to fear being harmed, and in fact causes the fear of being harmed. For example, attempting to call a spouse who accused you of assault through the jail telephone, or via text or email, can result in a charge of violating or attempting to violate a protective order. Assault Defined by Law (Simple Assault). A civil suit is a claim made by someone for monetary or other forms of relief. This is the advantage of having a former prosecutor defending you – we've been there, we know what evidence they are looking for, and we know what evidence doesn't help them. A Class 1 misdemeanor with the same penalties as a simple assault, a fine up to $2, 500 or jail time up to 1 year. Therefore, assault can occur if the offender threatened a harmful or offensive touching against the victim and had the apparent present ability to do so, and it can also occur by an attempt to commit a harmful or offensive touching. You have a right to an attorney, to fully investigate your case, and to a trial by a judge (and jury if you lose and appeal). Upon conviction, you may be incarcerated for up to 12 months and be fined up to $2, 500, plus court costs. Prosecution of Virginia Domestic Violence Cases | Testimonial Evidence. You are allowed to defend and protect yourself against the aggressive acts of another. Domestic Violence Laws in Virginia. Since a battery is basically any unwanted touching, any time a person resists arrest it is possible that they have also committed assault and battery on the officer.
Penalties will be more severe if simple assault combines with other charges. In the case of a domestic assault and battery, the police officer can bring out a charge for domestic assault if he/she did not witness the assault, assuming there is evidence of an assault. How Does Virginia Define Domestic Assault? In Virginia, Assault and Battery against a Family Member or Household Member is often times referred to as Domestic Assault and Battery. Arlington, VA. Virginia Domestic Violence Lawyer | NoVa Battery Attorney. 1001 19th Street North, Ste. Dropping Criminal Charges. There IS a first offense assault charge under the DOMESTIC assault and battery law 18.
Another example is when you sign a waiver before going skydiving in which you consent to the risks. Determined evidence will fall under race, national origin or religious conviction. Our Fairfax, VA Crime Defense Firm serves clients throughout Northern Virginia including Fairfax County, Prince William County, Loudoun County, and neighboring communities. Torn clothes can be collected, just as witness statements can be collected. 2-57 Simple Assault. If you cause serious bodily injury to another person, you can also be charged with malicious wounding, a felony. Virginia domestic assault is punished with jail, fines, and the inability to possess a firearm. It is not advisable for the alleged person to contact the accuser and try to influence their decision, even if they are not under an order of protection. How to drop assault and battery charges in virginia laws. Otherwise, the prosecutor will try to show that the simple assault was on a public servant or a government official. Contact a simple assault defense lawyer: This is a smart move for you as the defendant. If convicted of simple assault, the conviction will show up on background checks. Penalty for Virginia Domestic Assault Charge Under Va. 2.