Arlington Domestic Violence Lawyer

Arlington Virginia Domestic Violence Lawyer: Protect Your Right

A domestic violence conviction can have severe implications in a person’s life that aren’t limited to criminal penalties. It can tear families apart and complicate a divorce or other family law proceedings. At its worst, it is a severe criminal offense punishable with penalties and jail time when authority gets involved.

Therefore, a domestic violence lawyer might prove critical to contact when a defendant is building a defense case for domestic assault.

Defining Domestic Violence

According to Va. Code § 18.2-57.2, when a family or household member is the target of the threat, infliction of injuries, or attempted infliction of injuries, an assault and battery become a domestic violence offense.

For the offense to be considered domestic violence, according to Va. Code § 16.1-228, the individual must fall into one of the following classifications:

• Current and former spouses
• Immediate family and step-family members
• Individuals sharing common children
• Individual who have lived together during the past 12 months, as well as their children

Individuals who constitute family or household members may also obtain a protective order against the person who has committed domestic assault and battery or any other family abuse.

Va. Code § 16.1-228 defines family abuse as any act of violence, force, or threat that causes physical harm or places a family or household member in imminent fear of death, sexual abuse, or bodily injury.

A person with domestic violence allegations in Arlington should contact a domestic violence lawyer to get legal advice about how to handle the situation best.

Potential Penalties for A Domestic Violence Offense in Arlington VA

Domestic violence attracts plenty of potential legal and non-legal penalties for an offender of domestic violence.

1. First, if a defendant is convicted or simply participates in the statutory first-offender program, she/he could lose the right to possess firearms under federal law regardless of the charge, whether it is a felony or a misdemeanor.
2. Besides, under Virginia laws, neither a conviction nor a dismissal after a first-offender program has expunction. The legal record of an arrest or criminal conviction for domestic violence is unreasonable in the eyes of the law.
3. If convicted, assault and battery against a family member is also a class 1 misdemeanor, punishable by up to one year in jail or a fine of up to $2,500.
4. A class 6 felony offense may result in a prison sentence of up to five years, as well as a fine of up to $2,500. Felony convictions also result in forfeiting some civil rights, such as the right to vote, serve on a jury, or hold a public office.
5. Individuals who have two or more prior convictions for domestic violence crimes—assault and battery, malicious and unlawful wounding, aggravated malicious wounding, malicious bodily injury using the harmful substance, or strangulation— within the last 20 years, face a Class 6 felony charge for a domestic assault incident. All the prior convictions must involve a family or household member.
6. A person can face a civil or criminal protective order for one or more years after the case is over. Violation of protection orders could result in further charges, effectively prolonging the underlying cases. A protective order restricts one from contacting your spouse or partner or might require one to leave the family home or even limit contact with children.
7. A conviction of domestic violence can demand a period of supervised probation under which the defendant is required to complete a domestic abuse awareness or anger management program to prevent prolonged incarceration.

Potential Enhanced Penalties for Domestic Violence in Arlington VA

As with many allegations, domestic violence charges in Arlington VA can come with enhanced penalties for the defendant in several forms, including:

• Mandatory minimum jail sentences
• Elevated levels of misdemeanors and felonies,
• A prolonged court order prohibiting contact between the accused and the claimant.

Aggravating Factors

The most common aggravating factors to enhanced penalties in Arlington VA, domestic violence cases are:

• Prior convictions for the same offense within a specific number of years
• A person committing a new domestic violence offense while still under a protective order

A domestic violence lawyer could help a person understand better how any potential aggravating factors may affect their case.

Violation of Protective Orders

It is more likely that a person will be subject to the terms and conditions of a protective order when facing criminal charges for domestic violence. These protective orders can remain in place for several years after the case is over.

Violation of any of the provisions of a protective order can result in a contempt of court filing, which is a severe crime compared to simple assault.

However, breaching a restraining order is a distinct criminal offense, according to Va. Code 16.1-253.2. Violating the action of a protective order is generally a Class 1 misdemeanor offense that carries at least a one-day mandatory jail term.

However, a second violation within five years that involves an act or threat of violence, although still a misdemeanor, will require a minimum sentence of 60 days incarceration, which is consecutive to any other sentence.

A third or subsequent violation in 20 years that involves an act or threat of violence is a Class 6 Felony that carries a minimum jail sentence of six months, consecutive to any other sentence.

Since the penalties for violating a protective order may be harsh, contacting a domestic violence attorney in Arlington VA might prove critical.

Contact a Domestic Violence Lawyer in Arlington VA

A defense lawyer is the best help to understand Arlington, VA’s domestic violence penalties. The sooner a defendant contacts a domestic violence lawyer, the more favorably the lawyer could resolve their charges. By doing so, the attorney may help get your case dismissed or reduce your charges to the less serious ones.

As a reputable law firm, NOVA Criminal Attorney understands the rules and legalities associated with domestic violence cases. Criminal attorney Jad Sarsour’s many years of experience allows him to see your side of the story that deserves to be heard.