If you are facing an Assault and Battery against a family member charge in Virginia, you should keep reading to educate yourself and see what can help your case. American Lawyers Group, can help you in this situation. We have skilled Domestic Violence and Criminal Defense Attorneys that specialize in this area in Northern Virginia.
In Virginia, these charges are very serious. Keep reading to understand your charge and what you should do to take action against it.
What is an Assault and battery against a family or household member?
In Virginia, assault and battery against a family or household member is codified under Virginia Code § 18.2-57.2. It involves committing assault and battery against a family or household member. This offense is typically classified as a Class 1 misdemeanor. However, it can be elevated to a Class 6 felony if the offender has been previously convicted of two offenses against a family 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 § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, (v) strangulation in violation of § 18.2-51.6, or (vi) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date,
Penalties for Assault and Battery Against a family or household member
After discussing what the charge is, these are the penalties that come from them:
Class 1 Misdemeanor Penalties: Up to 12 MONTHS in jail, fines up to $2,500, or both.
Class 6 Felony Penalties: 1 to 5 YEARS in prison, or up to 12 MONTHS in jail with a fine up to $2,500, depending on the circumstances.
What Should You Do After Being Charged?
It is important to know what you should be doing after you have been charged with Assault and battery against a family or household member.
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- Stay Calm: Don’t escalate the situation or make matters worse. Staying calm and collected will ease you into making the right decisions that will help your case!
- Avoid Contact with the Alleged Victim: If there is a protective order or no-contact order in place, strictly comply with it to avoid further legal consequences. It will hurt your case if you try to contact the alleged victim or any other person protected in the Protective Order!
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- Contact a Lawyer: Find an experienced criminal defense lawyer as soon as possible. We have Criminal Defense and Domestic Violence Attorneys in Northern Virginia that will defend you in the best way possible to try their hardest to help dismiss your charge or to negotiate for a plea deal.
- Gather Evidence: Collect any evidence that could support your defense, such as witness testimony, video footage, or alibis.
Contact the American Lawyers Group
If you are in this situation, the experienced criminal defense attorneys at American Lawyers Group are ready to help you understand your options and build the best defense strategy. Don’t face this challenge alone! Call us today at (703) 786-8340 to schedule a consultation.