Virginia Domestic Violence Charges

Domestic Assault/Violence

In Virginia, Domestic Assault is classified as a Class 1 Misdemeanor, punishable by up to 12 months in jail or a fine of up to $2,500.  A conviction for Assault can stay on your criminal record permanently, and may lead to time in jail, difficulty passing background checks, maintaining or obtaining a security clearance, obtaining loans or housing, or the stigma of being convicted of a crime.

Domestic Assault is different from regular Assault because it involves family members or significant others.  This could include an accused’s:

• Spouse
• Live-in romantic partner
• Ex-romantic partner if they had lived together within a year
• Child in common
• Child

Domestic Assault/Violence scenarios are often highly charged and emotional.  Most counties have special prosecutors assigned to solely handle domestic assault/violence cases.  These cases can be prosecuted aggressively.  It is critical that you have an attorney who knows how to fight and win these cases, knows the courthouse and 

If you are facing a domestic assault/violence charge, you need an experienced and aggressive criminal defense attorney to increase your chances or avoiding an assault conviction, minimizing any potential sentence and impact, winning an acquittal or having the charge dismissed completely.  At Krum, Gergely, & Oates, LLC, our attorneys have successfully defended hundreds of clients facing Virginia Domestic Assault/Violence charges in every type of scenario.  KGO attorneys have won not guilty verdicts in every county, in front of both judges and juries. 

Essentially, the crime of assault in Virginia occurs when a defendant intentionally touching another person in an intentionally harmful or offensive way.  

• Domestic Assault/Violence Scenarios Come In Many Forms

While unfortunately, Domestic Assault/Violence scenarios are relatively common, they have endless scenarios.  It can be an argument between a husband and wife that goes to far, the wrongful discipline of a child, or false allegations brought against a spouse to gain an advance in a child custody dispute or divorce.  But just as common as assaults are, false accusations or assault are also very common. Every assault or alleged assault occurs by its own under very different a unique sets of facts.  The attorneys at KGO are prepared to defend any type of assault given in your case.

Other crimes that often accompany a Domestic Assault/Violence scenario are:

• Strangulation
• Abduction
• Sexual Assault

• Domestic Assault/Violence Cases Are Different

It is important to understand that Domestic Assault/Violence cases are different than normal assault cases.  These cases take place in the Juvenile and Domestic Relations Court.  The Juvenile and Domestic Relations court is separate and apart from the normal criminal court and have wholly different set of rules and procedures.  

If a defendant is found guilty of a third Domestic Assault within 20 years, on different dates, it is punishable as a Class 6 felony, with a maximum of 5 years in jail.  

• Plan Your Defense – Challenge The Evidence

Because the assault is so unique, it is critically important to be represented by an experienced attorney who knows how to form a strategy to serve your defense.  Often, Domestic Assaults/Violence are not witnessed by police or other people, and there is no direct evidence to present in court other than the word of the alleged victim and the presence of an injury – or the lack of any injury.  Emotions are often running high on both sides of an assault, and the parties often times have some form of disagreement that runs deeper than just the incident.  Just as often as someone has a motive to commit an assault – a person has a motive to fabricate or lie about an assault.  

• Experienced Trial Lawyer Can Get Best Results

Having an experienced and aggressive attorney can hone your defense and explore all feasible avenues to fight against an assault allegation.  That means exploring all of the facts, speaking and bringing in witnesses, revealing when a witness is biased or has a reason to lie, and undermining the credibility of witnesses to a prosecutor, judge, or jury.  It may also be important to prepare mitigating evidence to lessen the sentence or effect of any assault charge, with the goal of limiting criminal exposure or having the charge dismissed.  

At KGO, we have the experience and know-how to bring utilize all of these factors to reach the best possible outcome in your case.

• Deferred Disposition – Dismissal of the Charge

A deferred disposition is unique to a charge of Domestic Assault/Violence.  If someone is found guilty of Domestic Assault/Violence, and they have not been previously found guilty of that charge, they can advocate for the court to withhold a conviction and allow the case to be dismissed after 2 years.  During those two years, the defendant must complete domestic violence awareness classes, perform community service, and not receive any other convictions.  If that is successfully completed, the charge will be dismissed.    

• A Defense For Your Case

Some common defenses to Domestic Assault/Violence are:

• Self Defense – the defendant committed the assault in order to protect him or herself against physical harm from the victim.

• Revenge – a person fabricated or made up the assault in order to have the person arrested, gain an advantage in a custody battle over their children, or after an argument with someone in a relationship after learning about cheating.  

• Accident – someone is struck during an argument or while moving around that was unintentional.  The contact with the other person was not done intentionally or was an accident.

• Mutual Combat – when two people readily agree to enter into a fight with one another, the loser of the fight cannot turn around and say that they were assaulted by the person who wins the fight.  

KGO’s Virginia criminal attorneys have successfully defended and represented hundreds of clients facing Domestic Assault/Violence charges in Virginia. We have helped many clients receive complete exonerations and not guilty verdicts of their Domestic Assault/Violence charges in front of judges and juries. Each case was very different, requiring a unique strategy and outlook.   Your case and your situation is no different.  You need and deserve a top-rated defense.  We can help.

Call (703) 988-3711 or email us today to schedule a free consultation about your Virginia assault case and learn how we can help.