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Differences Between Assault and Domestic Violence in Fairfax

It can be difficult to determine the differences between assault and domestic violence in Fairfax. However, it is important to recognize that they are not viewed as the same offense. That being said, both are considered to be particularly dreadful offenses, and can carry serious penalties.

If you have been accused of a domestic violence offense, contact a Fairfax domestic violence attorney. A well-trained lawyer could analyze your case and advise you on your options. You deserve to work with someone who could help you emerge with a favorable outcome.

Differences Between Assault and Domestic Violence in Fairfax

Assault is defined as an action that can cause the reasonable threat of fear or bodily injury. Assault places someone in imminent fear of bodily injury. Domestic violence is not defined in the Virginia Code. However, it often falls under Virginia Code, Section 18.2-57.2 which is assault and battery of a family member.

Can a Person be Charged with Domestic Violence?

One of the differences between assault and domestic violence in Fairfax, is that an individual cannot be charged with domestic violence. This is because domestic violence is simply a form of assault. However, because domestic violence often includes assault, they can be charged with assault and battery of a family member.

Assault and Battery

While assault and battery can be combined into one charge, they are two separate offenses. An individual can be charged with assault if the threat to harm another individual was present. An individual can only be charged with battery if they have caused physical harm to someone.

There are instances where an individual is charged with assault and not battery. This usually happens when the prosecution cannot prove that a physical threat occurred, but they can prove that there was a threat and that the threat placed someone in fear.

Assault and Domestic Violence Offense Charges

In terms of charges, the differences between assault and domestic violence in Fairfax are minimal. Domestic violence offenses and assault are both Class 2 demeanors. This means they are punishable by up to twelve months in jail and a $2,500.00 fine. In addition, they will likely have to complete a rehabilitation class as part of their probation.

However, there is one significant difference between the penalties for these offenses. Individuals charged with domestic violence or assault and battery of a family member, will lose their firearms privileges. It is illegal to possess or buy a firearm if you have been convicted of a domestic violence offense.

When to Contact an Attorney

Being charged with a domestic violence offense can be a life-altering experience. Between prison, fines, and criminal records, such allegations should never be taken lightly. If you have been accused of an offense, contact a Fairfax domestic violence lawyer immediately.

A distinguished attorney could help you understand the differences between assault and domestic violence in Fairfax, navigate the nuances of your case, counter the allegations brought against you, and guard against the penalties you may be faced with.  Such cases are stressful and may cause you to feel isolated. It is important to have someone on your side during this time.

Patrick Woolley Attorney At Law

Patrick Woolley Attorney At Law
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Patrick Woolley Attorney At Law
18 Liberty St SW
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Leesburg VA 20175
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Patrick Woolley Attorney At Law
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Warrenton VA 20186
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Patrick Woolley Attorney At Law
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Manassas VA 20110
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