Domestic violence charges should never be viewed lightly. A conviction could subject you to significant time in prison, fine penalties, and other consequences associated with a misdemeanor or felony sentence. A Purcellville domestic violence lawyer could investigate the allegations against you and review the prosecution’s evidence. With help from a seasoned criminal attorney, you could mount a strong defense.
In order for an individual to be convicted of domestic violence in Purcellville, the crime must have involved specific persons in their home or family. Under the Commonwealth’s domestic violence law, protected parties include the accused person’s current or former spouse, siblings, half-siblings, parents, and in-laws who live in the same household as the accused. A person with whom the accused party shares a child or a person the accused party lived with in the year prior would also be considered a household or family member.
The sentence the court may levy for domestic violence can depend on whether or not the individual has been convicted of family abuse prior to their current case. Domestic violence committed against a member of the individual’s family or home would typically be classified as a Class 1 misdemeanor, according to Code of Virginia § 18.2-57.2.
Virginia law punishes Class 1 misdemeanors with a maximum prison sentence of one year. An individual convicted of domestic violence as a Class 1 misdemeanor may also be obliged to pay fines as high as $2,500.
The penalties can increase if the individual is convicted of committing domestic battery or assault on three separate occasions within 20 years. In this situation, the third and subsequent convictions would be punished as Class 6 felonies. A Class 6 felony would incur a period of confinement to last a minimum of 12 months but not to exceed five years. A domestic violence attorney in the Purcellville area could explain what penalties may apply to an individual’s charges.
The alleged victim may request a protective order to impose certain restrictions on the accused individual. Protective orders typically bar the accused party from contacting their accuser as long as the order remains in force. A protective order may also contain stipulations forbidding the accused party from calling or texting their accuser or entering the family home.
If the accused party does not comply with a protective order, they could face misdemeanor or felony penalties, depending on whether or not they violated a protective order previously. For instance, if the individual is convicted of breaching a protective order two times in a five-year period, they would be required to serve a jail term of at least 60 days. A local attorney could ensure the individual understands the requirements and complies with the requirements of a domestic violence protective order.
If you are facing domestic violence allegations, skilled legal representation may be crucial to defending your rights. A domestic violence attorney in Purcellville could advise you how to best handle your charges. Call today to schedule a consultation and learn more about the next steps in your case.
Northern Virginia Criminal Defense Group
