An arrest or charge on allegations of domestic violence can upend your life. If you are convicted, you could face years in jail, costly fines, and lose your right to own a firearm.
While being charged or arrested is in itself a serious matter, a conviction is never certain. With an aggressive defense strategy and the support of a Chantilly domestic violence lawyer, you could stand the best chance of resolving your case in the best way possible under your unique circumstances. Let a practiced defense attorney fight for your rights at this pivotal time in your life.
Domestic violence is a legal term that applies to different criminal acts and can include such things as assault, threatening, and harassment. What separates these alleged acts from being standalone charges to having the steeper penalties associated with a family violence charge is the relationship the accused has with the alleged victim.
When the state pursues these charges, there are at least two significant elements they must prove beyond a reasonable doubt. The first is the existence of a familial or household relationship. The second is some form of conduct that rises to the level of domestic violence.
There must be a specific relationship between the two parties for an act to qualify as domestic violence. Any person that is a family or household member qualifies under the law and could include:
A knowledgeable Chantilly attorney could help individuals determine if the details surrounding their alleged event meet the criteria for domestic violence.
The second element of this offense involves the alleged act of violence. There are specific actions that could result in a conviction. These include any physical contact intended to cause harm to another person, or even any action intended to result in fear of harm or apprehension of bodily harm. It is important to remember that a conviction for domestic violence is possible even if no actual physical injuries are complained about.
There are different potential penalties for domestic violence offenses. Some of these offenses are treated as misdemeanors, while others are considered felonies. A trusted Chantilly attorney could help someone facing domestic violence charges understand the full scope of consequences they may be up against and strategically plan the best defense for their situation.
Domestic assault or assault and battery of a family member is typically considered a Class 1 misdemeanor. That conviction can lead to as much as one year in jail in addition to a $2,500 fine. Multiple convictions can lead to steeper penalties. For example, a third conviction is treated as a Class 6 felony punishable by up to five years in prison.
There are also collateral consequences that follow a conviction for domestic violence. The most notable of these is the loss of the right to own a firearm. For a felony conviction, it is also possible to lose the right to vote. Assault of a family member cases also often complicate divorce and custody proceedings.
It is essential to take any allegation of domestic violence seriously. These cases can significantly impact your life, especially if you are convicted.
You have the right to build the strongest defense possible in your case. Reach out today to learn how a Chantilly domestic violence lawyer could help.
Northern Virginia Criminal Defense Group
