Domestic Violence Lawyer
Attorney, Jad Sarsour, is a recognized expert in the court room with a proven track record of successfully defending Domestic Violence cases such as spousal abuse and infliction of corporal injury or significant pain, child abuse, neglect, and child endangerment, battery, assault, violent criminal threats of death or bodily injury against a spouse, cohabitant, or family member, false imprisonment by violence or intimidation, annoying, harassing, or threatening phone calls, repeat offenses, restraining order violations, and other domestic violence related charges.
Much like with simple assault and battery, the penalty for domestic violence in Virginia upon conviction is a Class 1 misdemeanor, which includes up to one year in jail as well as a fine not to exceed $2,500. This is according to state code § 18.2-57.2.
However, domestic violence can be charged as a Class 6 felony if it is found to be a repeat offense. If you are charged with domestic assault and you already have two similar offenses on your record, which can be proven through indictments, petitions, warrants or other law enforcement information, and all of these offenses occurred within the same 20-year time span, the Class 6 felony charge applies. In addition to domestic violence, the charges that count against this “three-strikes” law according to state code § 18.2-57.2(B) include:
- Malicious wounding (code § 18.2-51)
- Aggravated malicious wounding (code § 18.2-51.2)
- Malicious bodily injury by means of a substance (code § 18.2-52)
- Any offense with similar elements to the ones listed above
The penalties associated with a Class 6 felony are defined by state code § 18.2-10, and can include a prison term ranging from one year to up to 10 years, as well as a fine not to exceed $2,500. At the discretion of the judge and/or jury, the incarceration penalty can be a jail sentence lasting up to 12 months.
As you can see, the penalties associated with domestic violence in Virginia can be extremely severe, even life-altering in the case of Class 6 felonies stemming from repeat offenses. By hiring a skilled and experienced Virginia domestic violence lawyer, you’ll have the best possible chance of receiving a lesser charge, reduced penalties or even having your case dismissed in court.
- § 16.1-228. Definitions.
- § 18.2-57.2. Assault and battery against a family or household member; penalty.
- § 19.2-81.3. Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc.