1st Offender Statute Virginia Assault and Battery Family Member

Domestic Assault

Domestic set on in Virginia is an assault and bombardment against a family or household member.  A Virginia domestic set on charge (Va. Code §18.2-57.two) can have very serious consequences.  Virginia domestic assault is punished with jail, fines, and the inability to possess a firearm.  At that place will besides likely be employment consequences, especially if the convicted person has or is attempting to obtain a security clearance.  Confidence for a Virginia domestic set on accuse tin also accept severe immigration consequences for anyone that is not a U.s.a. denizen, including deprival of admission to the land or potentially removal.

Additionally, a Virginia domestic assault charge volition event in an automatic emergency protective order, valid for 72 hours, that prohibits the accused from having contact with the declared victim.  The victim tin can likewise file for an extension of that emergency protective social club, which is called a preliminary protective club.  Violations of whatever of these protective orders tin can result in additional criminal charges.

Proof of Virginia Domestic Assault Charge

Virginia domestic assault charges need to be taken seriously.  An offender can exist convicted even if the declared victim does not want the offender to be prosecuted.  One time the case is in court, it is non up to anyone to drop the charges-the case is in the hands of the prosecutor.  To convict an offender of a Virginia domestic assault accuse nether Va. Code §18.ii-57.two, the Commonwealth must prove an assault and bombardment and that the assault and battery was confronting a household or family fellow member as defined in Va. Code §16.1-228.

Assault and Battery

An assault in Virginia is threatening a battery or attempting to commit a bombardment.  A bombardment is any unwanted or offensive touching washed in a rude or angry way. The unwanted touching does not have to cause whatever injury to be a battery.  An attempted bombardment is an attempted harmful or offensive touching.  Therefore, assault can occur if the offender threatened a harmful or offensive touching against the victim and had the apparent nowadays power to practice so, and it tin besides occur by an attempt to commit a harmful or offensive touching.  For more than data on assault and bombardment in Virginia, click here.

Family or Household Member

Family or household member is a broad term and covers extended family as well as people who don't alive with, or never lived with, the person who allegedly committed the domestic assault.

Va. Code §16.one-228 defines Family or Household Member every bit:

• spouse, whether or non he or she resides in the same home with the person
• former spouse, whether or not he or she resides in the same home with the person
• parents, stepparents, children, stepchildren, brothers, sisters, one-half-brothers and sisters, grandparents and grandchildren, regardless of whether they reside in the same dwelling with the person
• female parent-in-law, father-in-law, sons-in-law, daughters-in-constabulary, brothers-in-law and sisters-in-law who reside in the same habitation with the person
• any individual who has a child in common with the person, whether or not the person and that individual accept been married or accept resided together, or
• any individual who cohabits or who, inside the previous 12 months, cohabited with the person, and whatever children of either of them so residing in the same home with the person.

Defenses to Virginia Domestic Attack Accuse

Domestic assault in Virginia withal requires proof of an attack.  Therefore, the usual defenses to an assail charge are applicable to a Virginia domestic assault charge.  Some of these defenses might include self-defence force, no intention to cause a harmful or offensive touching (information technology was an blow), or it simply never even happened.

Penalization for Virginia Domestic Assail Charge Nether Va. Code §xviii.2-57.2

Virginia domestic assail charges are punished with jail and fines.  Additionally, anyone convicted of a Virginia domestic assail charge is prohibited from owning a firearm.

Domestic Attack in Virginia is a Grade 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  A confidence for a 3rd offense Virginia domestic assail charge within 20 years is a Form half dozen felony, punished with a minimum of six months in jail and a maximum of v years in prison.  The prior 2 convictions can exist for domestic assault under Va. Lawmaking §18.ii-57.2 or any combination of convictions of crimes committed confronting a family or household member that include domestic assault, malicious wounding (Va. Code §xviii.2-51), aggravated malicious wounding (Va. Code §18.2-51.2), malicious actual injury by caustic substance (Va. Code §18.2-52), strangulation (Va. Code §18.2-51.6), or similar out-of-state offenses.

For more information on malicious wounding charges in Virginia, click here.  For more than information on aggravated malicious wounding in Virginia, click here.  For more than information on strangulation in Virginia, click here.

Deferred Disposition and Dismissal for First Offender

Va. Lawmaking §18.2-57.3 provides an opportunity for a get-go time offender to have his Virginia domestic set on accuse dismissed upon successful completion of a deferred disposition programme.  This means that the court will defer (or delay) a finding of guilt for a specified period of time and place the offender on probation, with a number of requirements.

An offender is eligible for this program if he was an adult at the time of the offense, he has had no prior convictions of set on or assault and battery against a family or household member, the offender has not previously participated in this beginning offender program for a Virginia domestic assault charge, and the person agrees to the deferred disposition.  Additionally, the offender must plead guilty, no contest, or the court must find that at that place are facts sufficient to find him guilty of the charge prior to placing him in this deferred disposition program.

During this period of probation, the offender must remain on good behavior and not selection up whatever new criminal charges for at to the lowest degree 2 years.  The offender is also required to have a domestic violence evaluation and comply with whatever recommended treatment, pay the costs of participation in the program and any required treatment, and is prohibited from having any contact with the victim or possessing firearms.

If the person successfully completes the plan, the Virginia domestic assault charge volition be dismissed and he volition non have a conviction.  Withal, the charge cannot be expunged, and the offender is non able to participate in the program again.  If the offender fails to complete the program, he will be convicted of the Virginia domestic assault charge and faces all of the potential penalties.  Additionally, he volition not ever exist able to participate in the deferred disposition programme for a future Virginia domestic assault accuse.

Virginia Domestic Set on Statute

§18.ii-57.two. Assault and battery confronting a family or household member; punishment.

A. Any person who commits an attack and battery confronting a family or household member is guilty of a Class ane misdemeanor.

B. Upon a conviction for assault and bombardment against a family or household fellow member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of 2 offenses against a family unit or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding or unlawful wounding in violation of § eighteen.two-51, (3) aggravated malicious wounding in violation of § xviii.ii-51.two, (iv) malicious bodily injury by ways of a substance in violation of § xviii.2-52, (v) strangulation in violation of § 18.2-51.6, or (6) an offense under the law of any other jurisdiction which has the same elements of any of the higher up offenses, in any combination, all of which occurred within a menstruation of 20 years, and each of which occurred on a different date, such person is guilty of a Class half-dozen felony.

C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized past § sixteen.1-253.iv, except if the accused is a minor, an emergency protective order shall non be required.

D. The definition of "family or household member" in §sixteen.i-228 applies to this section.

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Source: https://humbrechtlaw.com/criminal-charges-in-virginia/violent-crimes-in-virginia/virginia-assault-and-battery/virginia-domestic-assault/