When the police respond to a suspected domestic dispute, they are often forced to make a subjective decision about whether or not to arrest and who to arrest. Your conclusions can be drawn based on contradicting statements from the parties involved, obvious violations and other evidence. Even if the situation is de-escalated and the parties do not want to take legal action, an arrest can lead to criminal charges. It is not the offended party that decides whether a case continues after arrest, but the Fairfax County Attorney assigned to the case.
People are accused of domestic abuse for all possible reasons: a minor dispute that does not seriously harm any party, a disagreement that leads to physical contact, the intervention of “witnesses” who may not understand what they have seen or heard, and even completely wrong allegations of domestic violence. Attempts to speak to the police and clear up misunderstandings often have the opposite effect. Instead of deleting your name, your statements against you will be used. Do not speak to police officers about the alleged incident or the case. Instead, call a Fairfax domestic violence lawyer at our firm who can help protect your rights and aggressively defend you against the charges.
Home attack and battery in Fairfax, Virginia According to the Virginia Code, Section 18.2-57.2, domestic violence is referred to as an attack and battery against a family or household member. Based on the definition of “family or household member” in section 16.1-228, a person can be charged with domestic violence, even if the alleged incident affects someone other than a spouse or child, including: Spouse or estranged spouse Ex-Spouse Parents or step parent Child or stepchild Siblings or half siblings Child or stepchild Child or stepchild. A mother-in-law who lives in the same house. Anyone who has a child in common
Anyone who lived in the same house last year as with simple attacks and batteries, domestic attacks and batteries are usually a class 1 offense on the first offense. In Virginia, class 1 offenses have a maximum sentence of one year in prison and a fine of up to $ 2,500. Repeated convictions for domestic violence or serious injuries can result in an increase in charges for one of the following crimes: Crime and battery of a family or household member Illegal Wounding Malicious wound Aggravated malicious wound malicious bodily harm caused by caustic substance, explosion or fire strangulation. Depending on their severity, criminals can carry a maximum prison sentence of five years to life in prison in the most serious cases.
Regardless of the severity of the charge, there is hope for a favorable outcome. Our Fairfax domestic violence lawyers are committed to protecting the rights of the accused and fighting for the best outcome. Defense against domestic violence in Fairfax County. If you have been arrested for domestic or physical injury to a family member, household member or other crime involving domestic violence, do not hesitate to seek legal representation.