What You're Facing

 

Domestic assault and battery in Virginia (§ 18.2-57.2) is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine. But the consequences can extend far beyond potential jail time. Convictions can mean loss of employment and a permanent and embarrassing stigma. 

​

The legal definition of "domestic" is much broader than most people realize. It covers spouses, ex-spouses, parents, children, step-parents, step-children, siblings, grandparents, in-laws who live together, people who have children together, and people in romantic relationships living together. If you're charged with assaulting anyone in these categories, it's prosecuted as domestic assault in Juvenile & Domestic Relations Court, not General District Court.

​

Federal law adds another layer of consequences. Under 18 U.S.C. § 922, a misdemeanor domestic violence conviction can prohibit you from purchasing firearms. Even a deferred finding can create complications with gun rights, security clearances, and employment background checks.

​

The problem? Most domestic assault charges stem from arguments that spiraled out of control, not the "wife beater" stereotype. Police are trained to err on the side of arrest in domestic situations. We've represented doctors, lawyers, teachers, and even police officers charged with domestic assault. These cases require knowing when to fight, when to negotiate, and how to navigate deferred findings.

​

Download Our Complete Domestic Assault Guide

​

We've created a comprehensive guide covering everything you need to know about surviving a Virginia domestic assault charge: bond hearings, arraignments, discovery, whether the "victim" can drop charges, deferred findings, gun rights implications, expungements, and strangulation charges.

[Download Free Guide →]

​

Common Defenses To Domestic Assault Charges

 

Every case is unique, but these are some of the common issues in play:

• Self-defense: Proving you reasonably believed you faced harm and used proportional force

• Inconsistent statements: Challenging contradictions in the complainant's story to police vs. later statements

• Witness testimony: Presenting third parties who saw or heard what actually happened

• Complainant's violent history: Evidence the complainant has been the aggressor in past incidents

• Lack of injury and inconsistent injuries: Challenging claims of assault when medical evidence or photographs contradict the allegations

• Mutual combat: Both parties engaged in physical confrontation

• False accusation: Exposing motive to fabricate (custody disputes, divorce proceedings, revenge)

​

Why Domestic Assault Charges Require Trial Experience

​

Domestic assault cases are different from other criminal charges. They're heard in Juvenile & Domestic Relations Court, not General District Court. The judges, prosecutors, and procedures are different. Experience in that specific court system matters. The complainant's wishes matter, but don't control the outcome. Prosecutors make the final decision on whether to proceed. Some prosecutor's offices drop charges easily when the complainant requests it. Others insist on trial regardless. 

​

Deferred findings under § 18.2-57.3 are a double-edged sword. First-time offenders can have charges dismissed after two years of good behavior and completing conditions like anger management or substance abuse treatment. Sometimes deferred findings are a great choice. But here's what many attorneys won't tell you: in many cases, you can go to trial, lose, and still get the same deferred finding as a sentence. If you're getting the same result either way, why not take your shot at trial? We've won cases we never expected to win. The strategy around deferred findings requires experience. When should you take one immediately? When should you fight first? What happens if you're charged again while on a deferred finding? These decisions have long-term consequences.

​​​

Our Domestic Assault Results​

​

We've represented hundreds of clients charged with domestic assault and battery over the years. These cases are among the most common charges we handle. Below are a few recent examples showing different ways these cases can be won:

​

CHARGES DISMISSED AFTER HEARING: Strangulation and Domestic Assault

When the complainant radically changed her story in court, the prosecution attempted to introduce body camera footage and written statements that contradicted her courtroom testimony as substantive evidence against our client. This triggered a lengthy legal debate over whether prior inconsistent statements could be used as evidence of what actually happened. After a hearing lasting over two hours where we provided extensive case law analysis, the judge agreed with our position that the out of court statements could not be used as evidence. All charges were dismissed.

​

CHARGES DISMISSED: Abduction, Strangulation, and Assault

Our client had already been in jail for over a month and been denied bond twice when he hired us. Against long odds, we convinced the court to reconsider bond and he was released. We fought through a contested preliminary hearing where we challenged the sufficiency of the evidence. The judge dismissed all charges and our client never went back to jail.

​

CHARGES DROPPED: Domestic Assault - Military Career Protected

Our client was in a difficult situation because any conviction could have meant the loss of his military career. Police unnecessarily charged him after what was a minor dispute involving a family member. We were able to quickly navigate the process, get the court date moved up, and secure a dismissal within a month so he could continue serving.

​​​

Facing Domestic Assault Charges in Virginia Beach or Hampton Roads?

​

Domestic assault charges can affect your freedom, your home, your children, and your future. These cases require attorneys who understand JDR Court, and can help you decide whether a deferred finding is the right strategy. Call us at 757-961-3311 or fill out the online form below for a free, confidential consultation. We'll give you an honest assessment of your case and explain your options. Everything you tell us is protected by attorney-client privilege.