Henrico County Domestic Violence Lawyer
Henrico County law enforcement officers take allegations of domestic violence very seriously. Under Virginia Code section 18.2-57.2, a law enforcement officer has the authority to arrest you without first obtaining a warrant if there is credible evidence that an assault against a family member has occurred. A Henrico County domestic violence lawyer may be able to help you limit the consequences of a domestic violence accusation.
Receiving Help From a Henrico County Domestic Violence Lawyer
Prosecutors may pursue charges for domestic violence even without the consent or cooperation of the victim. A prosecutor has the burden of proving beyond a reasonable doubt that you engaged in unlawful domestic assault or abuse. A Henrico County domestic violence lawyer can assist you in:
- Negotiating a plea bargain to reduce penalties
- Fighting a protective order to protect your family relationship
- Investigating accusations against you to identify discrepancies in witness testimony
- Raising defenses, including self-defense, defense of others, or defense of property
Even an accusation of domestic violence can be detrimental to your family life and your reputation. Contacting a Henrico County domestic violence lawyer right away is the smart choice as you deserve to have an advocate representing you as you face these serious charges. Get in touch with an attorney as soon as possible when accused of domestic violence.
Virginia Domestic Violence Laws
Domestic violence in Virginia can result in criminal charges under:
- Virginia Code Section 18.2-57, which makes simple assault and battery a class 1 misdemeanor. Potential penalties under Section 18.2-11 include up to a year of incarceration and fines up to $2,500. This statute addresses general assault and does not apply specifically to domestic violence.
- Code Section 18.2-57.2 specifically addresses assault against a household or family member. This offense is a class 1 misdemeanor with the same penalties as simple assault unless you have a history of domestic violence offenses or unless the assault involved malicious wounding, aggravated malicious wounding, or strangulation. With two prior convictions or other aggravating factors, the offense is a class 6 felony. Under Section 18.2-10, penalties for a class 6 felony include incarceration for a minimum of one year.
- Section 18.2-51, which addresses stabbing, wounding, cutting, or otherwise harming someone with intent to cause serious bodily injury. The minimum penalty for this class 3 felony is five years of incarceration, unless permanent and/or significant impairment occurred. With permanent impairment of the victim, the offense is a class 2 felony, and penalties include 20 years to life in prison.
- Section 18.2-60.3, which addresses stalking. Stalking is a class 1 misdemeanor with the potential for a year of incarceration. A second conviction for stalking the same person within five years elevates the offense to a class 6 felony with a minimum of one year’s incarceration.
Domestic violence charges can arise as a result of any type of unwanted touching of a victim, including indirect contact such as throwing something at someone. However, there is no requirement that unwanted touching has to take place for you to be charged. If you cause someone to experience imminent fear of being harmed, you may be charged with assault even without any physical contact.
In addition to criminal penalties, a court may also issue a protective order. Under Code Section 16.1-279.1, you may be prohibited from contacting the alleged victim or entering his or her home or apartment for a period of two years. This can have a detrimental impact on relationships with your children and may prevent you from remaining in a family home.
Contact A Henrico County Domestic Violence Attorney Today
If you have been charged or even just accused of a domestic violence-related offense get in contact with a Henrico County domestic violence lawyer as soon as possible. A domestic violence attorney will be able to review the facts of your case and protect your legal rights. Therefore to get the best possible result out of your case it’s important you contact a Henrico County domestic violence lawyer today.
