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One commonly charged offense in Virginia is assault and battery of a law enforcement officer. Anything you say can and will be used against you at trial. Keep in mind that domestic assault and batteries have potentially different consequences. Get Your Charges Dropped in Fairfax County VA. 300, Manassas, VA 20109. An assault and battery charge against law enforcers, healthcare workers, judges, DOC prison officers, and certain teachers can bear more severe consequences. Some alleged victims outright refuse to cooperate with the prosecutor.

How To Drop Assault And Battery Charges In Virginia Courts

However, under certain circumstances, Simple Assault and Assault and Battery charges have a mandatory jail sentence and can even be elevated to a felony offense with a possible prison sentence. Why Do Prosecutors Sometimes Not Follow a Victim's Wishes? Examples of simple assaults include: A person can be charged with simple assault without even touching the victim. If you are an immigrant in Virginia, a conviction for domestic assault may lead to a deportation proceeding. Do not attempt to face this serious problem on your own. An emergency protective order will also be issued in these cases, prohibiting the person charged with domestic assault and battery to have any contact with the victim for three days. If a police officer is called and they come in, if there is probable cause for the person to be arrested for a domestic violence offense, that is when the prosecutors are going to bring it. Most of these factors will be ruled as a simple assault and classified as class one (1) misdemeanors. The fear and threat came without any harm or any provocation on your part. Once the Prosecutor's Office receives the report, we make contact with them and present your side of the story, often times ignored or neglected by the law enforcement agency investigating the "crime". Once the judge accepts it, the case is declared dismissed. They will have to work hard, and if they have any doubt that they can successfully prosecute their case against our aggressive defense, they'll have to drop your charges or make a deal. How to drop assault and battery charges in virginia courts. This also applies to in-laws, any individual who has a child in common with the person, and any individual who cohabits or cohabited with the person within the previous 12 months. The second element of "domestic assault" is that the person who was assaulted is a family or household member.

How To Drop Assault And Battery Charges In Virginia Department

If there is a conflicting section between what the victim claims and the eyewitness' report, then your defense attorney can bring in reasonable doubt to the evidence. Unfortunately, the victim cannot drop the charges simply because they have changed their mind. In a case of Virginia simple assault, both the prosecutor and the judges are provided by the law with a large amount of liberty in the disciplining of the offender as they see fit. For example, if a person riding a bus intentionally pushed their shoulder into the chest of another passenger intending to harm or offend that person, they would be guilty of a battery. How to drop assault and battery charges in virginia 2022. If you are facing a charge of domestic violence, it is important to work quickly to obtain the assistance of an experienced attorney. This article is intended to give readers an introduction to the topic, but always consult an attorney for questions about a specific situation, as every case is different.

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When you make bodily contact that could be construed as harmful or offensive against another person to prevent harm to yourself or another, you could successfully assert "self defense" against your assault or assault and battery charges. If you hold a professional license in this state, a conviction for domestic assault may lead to a disciplinary move by your professional licensing board. What does this mean for my own case? Both parties have to agree, and the judge has to accept it. Domestic assault and battery, which is also referred to as assault and battery against a family or household member, is a serious criminal offense in Virginia. The definition of who is considered a family or household member is broad under our Commonwealth's assault and battery against family member law. Even if the individual would like to drop the domestic violence allegations, the prosecuting office can move forward with the trial. The law of Virginia gives special protection to doctors and nurses, just like teachers or police officers. Prosecution of Virginia Domestic Violence Cases | Testimonial Evidence. Having an experience defense attorney to defend your legal rights and plead your case can be the difference between serious penalties and a dismissal. Potential Defenses for Domestic Assault. Make sure to reach out to Abrenio Law for your Free Consultation. There is an exception to this general rule.

How To Drop Assault And Battery Charges In Virginia 2020

Any of these situations could escalate into an assault and lead to a charge of "domestic assault" in violation of Virginia Code Section 18. A "family or house hold member, " which is a term which is defined in Virginia Code Section 16. But even if you are the one who took out charges against someone, it can be complicated if you want to drop those assault charges. Virginia law is pretty complex when it comes to assault and battery. Then our client's husband called the police to come back and they actually arrested our client who was the victim instead. Perhaps one or both of them had one drink too many. Assault may be charged separately from battery, though assault and battery are often charged together. The police and prosecutor will ultimately decide whether you will be prosecuted and the penalties you may face as a result. How to drop assault and battery charges in virginia department. However, even though the charge is dismissed, Virginia law does not allow the charge to be expunged. Law enforcement is often called to help deal with domestic situations. Still have questions? Simple assaults do not cause actual injury.

As noted above, the assault is the apprehension of harmful or offensive physical contact, not the contact itself. 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. When this warrant is presented to the magistrate for the charges to be brought down and the person arrested, the magistrate, upon hearing the probable cause, takes their authority and hands it to the Commonwealth. What You Need to Know About Domestic Violence in VA. It was impossible to escape such a situation or even retreating from the confrontation. For more information on aggravated malicious wounding in Virginia, click here. 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. Battery (called Assault and Battery) is the completed act – the unlawful touching of another done in a rude, angry or vengeful way, even if it caused no actual injury.