Domestic Violence: Crimes, Penalties and Defenses in Virginia

Being accused of domestic violence in Virginia is an extremely serious matter. You can face a protective order immediately, and a conviction can impact the rest of your life. As a result, you need to do everything you can to protect yourself, and this starts with putting an experienced Woodbridge domestic violence lawyer on your side.

Once you hire an experienced Woodbridge domestic violence lawyer to represent you, your lawyer will walk you through everything you need to know about your situation and the risks you are facing. With this in mind, the following is just an introduction to what you need to know:

Domestic Violence Charges Under Virginia Law

The crime of domestic violence is defined in Section 18.2-57.2 of the Code of Virginia. Under Section 18.2-57.2, prosecutors can pursue domestic violence charges in cases involving “assault and battery” committed against a “family or household member.” Both of these terms have precise definitions under the law:

Assault and Battery

Assault and battery (also simply referred to as “battery”) involves unlawfully touching another person in an angry, rude, insulting, or vengeful manner. While physical contact is required, physical injury is not. As a result, prosecutors can pursue assault and battery allegations in a wide range of circumstances—including many circumstances that are common in domestic violence cases.

Family or Household Member

For purposes of Virginia’s domestic violence law, the term “family or household member” is defined to include current and former cohabitants of the alleged perpetrator’s household as well as other family members. It includes parents of shared children and certain other protected individuals. If you are facing a domestic violence charge in Woodbridge, your lawyer can determine if the alleged victim qualifies as your family or household member under Virginia law.

Penalties in Virginia Domestic Violence Cases

Under Section 18.2-57.2 of the Code of Virginia, domestic violence is classified as a Class 1 misdemeanor in most cases. However, if you have two or more prior convictions for offenses committed against family or household members, you could be facing a Class 6 felony.

When prosecuted as a Class 1 misdemeanor, domestic violence charges carry the following penalties:

Up to 12 months of confinement
Up to a $2,500 fine

If you are being charged with a Class 6 felony, the penalties that are on the table in your case include:

One to five years of imprisonment
Up to a $2,500 fine

However, these are not the only potential consequences of a domestic violence conviction in Woodbridge. As noted above, once you have been accused of domestic violence, you can face a protective order immediately. If a judge determines that a protective order is warranted, the judge can issue an order to protect the alleged victim before your domestic violence case goes to trial.

If you get convicted of domestic violence, you can face other serious consequences as well. These consequences include (but are not limited to):

Probation
Loss of custody or visitation rights
Loss of your right to possess a firearm
Having a conviction on your permanent record

With a domestic violence conviction on your permanent record, finding work could become much more difficult, and you could face challenges related to finding housing, securing financing, and other matters as well. A conviction could also impact your professional license, military standing, or immigration status—and the financial costs associated with these consequences could be substantial.

Defenses to Allegations of Domestic Violence in Woodbridge, VA

While domestic violence allegations can have several consequences, there are also several potential defenses to these allegations under Virginia law and the U.S. Constitution. Depending on the circumstances of your case, some examples of defenses an experienced Woodbridge domestic violence lawyer may be able to assert on your behalf include:

False Accusations

Unfortunately, false accusations of domestic violence are not uncommon. Oftentimes, accusers do not understand the serious (and potentially life-altering) consequences of making false statements to the police. If you have been falsely accused, there may be various ways to prove it, and your Woodbridge domestic violence lawyer will be able to determine what evidence is available.

Alibi

One possible way to defend against false allegations of domestic violence is to prove an alibi. If you can prove that you were not with the alleged victim when the alleged assault and battery was committed, you should be able to avoid a conviction. Social media posts, surveillance camera footage, eyewitness testimony, employment records, and other forms of evidence can be used to establish an alibi in appropriate cases.

Self-Defense or Defense of Others

If you struck a family or household member but you did so in self-defense, you do not deserve to be convicted. Likewise, if you acted in defense of someone else, this could serve as a complete defense to your domestic violence charge as well. With that said, asserting these defenses presents unique challenges (since they necessarily involve admitting to committing a violent act), so experienced legal representation is essential.

Violations of Your Constitutional Rights

Since prosecutors must be able to prove your guilt beyond a reasonable doubt, keeping the prosecution’s evidence out of court can be an effective defense strategy as well. If you can show that the police violated your constitutional rights during a search or during your arrest, this could render the prosecution’s evidence inadmissible at trial.

Insufficient Evidence of Guilt

Even if the prosecution’s evidence is legally admissible, it must still be sufficient to prove your guilt beyond a reasonable doubt. If prosecutors do not have the evidence they need to build their case, this alone could be enough to warrant dismissal of your domestic violence case in Woodbridge.

Schedule a Free and Confidential Consultation with a Woodbridge Domestic Violence Lawyer

At Stevens Caruso, we provide experienced legal representation for individuals who are facing domestic violence charges in Northern Virginia. To discuss your case with an experienced Woodbridge domestic violence lawyer in confidence as soon as possible, call 703-897-1777 or tell us how we can reach you online now.