Ashburn Domestic Violence Attorney
In Virginia, the implications of domestic violence charges can be highly severe. Besides the potential criminal penalties analogous to other criminal charges in the state, a conviction for domestic violence may also bear civil consequences and could impact a person’s ability to engage with their children. Specifically, a person accused and convicted of a domestic violence offense may be deemed ineligible for child custody or even visitation, contingent on the particulars surrounding the conviction. Given these circumstances, the importance of securing an assertive Ashburn domestic violence attorney cannot be overstated.
Understanding Domestic Violence in Ashburn
Domestic violence is an umbrella term that can include various types of criminal offenses in Virginia. Typically, domestic violence is prosecuted as “assault and battery against a family or household member” (Code of Va. § 18.2-57.2). This kind of offense is closely related to the offenses of assault, or assault and battery, under Virginia law.
This implies that a person can be accused of assault against a family or household member if they pose threats that place a family or household member in immediate fear of bodily harm (or battery, in essence). To clarify, assault doesn’t require any form of undesired physical contact. Instead, it is a legal term signifying a threat that induces subjective fear of harm in another person. Additionally, the person can face charges for assault and battery against a family or household member if there’s any sort of undesired physical contact with a family or household member. It’s crucial to note that physical contact doesn’t have to inflict physical injury for a person to be charged with battery.
Under Virginia law (Code of Va. § 18.2-51), domestic violence can also be prosecuted as the crime of “malicious wounding or unlawful wounding”. This type of criminal act can be charged “if any person maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill.”
In some instances, domestic violence also leads to charges of malicious bodily injury by means of a substance or strangulation.
Consequences of Domestic Violence
The criminal penalties for domestic violence hinge on numerous circumstances. If a charge of assault and battery against a family or household member is made after a person has already been convicted of one of the following offenses, assault and battery against a family or household member will be punished as a Class 6 felony:
Malicious wounding or unlawful wounding; Aggravated malicious wounding or unlawful wounding; Malicious bodily injury by means of a substance; or Strangulation. A conviction for a Class 6 felony can attract a fine of up to $2,500 and anywhere from 1 to 5 years of imprisonment. Otherwise, assault and battery against a family or household member is a Class 1 misdemeanor, which can lead to a fine of up to $2,500 and up to one year in jail.
Reach Out to a Determined Ashburn Domestic Violence Lawyer
If you’ve been charged with assault and battery against a family or household member, it’s vitally important to begin your defense with an experienced Ashburn domestic violence attorney. One of the Virginia criminal defense lawyers at our firm can discuss your case with you today. Contact Simms Showers LLP now for more information about devising a defense strategy for your case.