Norfolk Domestic Violence Lawyer
According to the Virginia Code, domestic violence crimes involve some type of assault and battery against a family member or a member of your household. Being charged with domestic violence in Norfolk, Virginia is a serious matter. It can lead to fines, jail terms, and can adversely affect your reputation and standing in the community. However, a Norfolk domestic violence lawyer can help you find the best course of defense and can guide you through the judicial process.
Domestic Violence Charges in Norfolk
Assault is defined as a threat against a family or household member that causes them to reasonably fear imminent contact that is harmful, or offensive. Battery is the actual physical contact, rather than simply the threat of contact. In addition, battery does not necessarily need to involve direct physical contact by another person. It could include striking someone with an object or hitting them with a thrown object.
Assault and battery is often referred to as “unlawful touching.” Therefore, any type of harmful or offensive touching of someone living with you or related to you could fall under the umbrella of domestic violence. To find out if your specific charge is considered one of domestic violence contact a Norfolk domestic violence lawyer.
Domestic violence charges can include:
- Any forceful detention
- Stalking
- Sexual assault (Virginia Code Section 16.1-228).
Potential Penalties for Domestic Violence
Like most types of crime, the penalties for domestic violence cover a great range and are dependent on various factors.
The domestic violence crime of assault and battery against a family or household member is a Class 1 misdemeanor in Virginia (Virginia Code Section 18.2-57.2). That means, if convicted, you can be confined in jail for up to 12 months, assessed a $2,500 fine, or both (Virginia Code Section 18.2-11).
The same offense can become a Class 6 felony if you have been previously convicted of two of the following offenses, occurring on different days, against a family or household member:
- assault and battery
- malicious or unlawful wounding
- other violent acts described in the statute within a period of 20 years (Virginia Code Section 18.2-57.2).
If you are convicted of a Class 6 felony, you could be imprisoned for a term of one to five years (Virginia Code Section 18.2-10).
You do have more options if you are being charged with a domestic violence crime for the first time. You may be eligible for a local community-based probation or education/treatment program and have the charges against you deferred. After fulfilling the terms and conditions specified in your probation or program, the court can discharge you and dismiss the charges (Virginia Code Section 18.2-57.3). A Norfolk domestic violence attorney can tell you more about the specific punishments you are facing.
Domestic Violence Investigations and Evidence Gathering
Law enforcement agencies meticulously gather evidence through witness statements, physical evidence, medical records, and digital communications. Given the nature of these cases, immediate and detailed documentation is crucial. It’s essential for those accused of domestic violence to challenge evidence vigorously, as initial reports can sometimes be incomplete or biased. A skilled Norfolk domestic violence lawyer can scrutinize the evidence, question its credibility, and ensure that all legal procedures are properly followed.
Benefits of Hiring a Norfolk Domestic Violence Lawyer
Being charged with a domestic violence crime can be a scary situation. It is prudent to reach out to a Norfolk domestic violence lawyer if you have been accused of domestic violence. An experienced Norfolk domestic violence lawyer is prepared to help you build your defense and can make you aware of all of your legal options.
Call our firm today and get your free initial consultation.