Domestic Violence Lawyer for Assault and Battery Charges Serving York County
At Sunshine Law Group, we understand the seriousness of domestic violence charges. We have handled these cases on both sides of the courtroom—as prosecutors and as criminal defense lawyers. This gives us unique insight into how these cases are investigated and decided.
If you have been accused of domestic violence in Newport News, Hampton, or York County, our attorney can help you evaluate the facts of your case and weigh your possible defense strategies. We can also advise you on how to cooperate with the investigation and discuss the potential short- and long-term consequences of a conviction.
Contact us to request a free consultation with our domestic violence attorney in York County, VA.
Types of Domestic Violence Cases in Virginia
Virginia harshly prosecutes domestic violence cases. These cases involve family members, spouses, ex-partners, and even in-laws. Depending on the specific crime you’re accused of, you could be charged with a misdemeanor or even a felony offense. Stalking and harassment are two examples of domestic violence misdemeanors, but more serious crimes like assault and battery or sexual assault could carry felony charges.
Common domestic violence offenses include:
Physical abuse (assault and aggravated assault)
Sexual abuse and sexual assault
Mental and emotional abuse
Economic abuse
Stalking
Animal abuse
Neglect of a spouse or child
Challenges in Domestic Violence Prosecution
Although many domestic violence charges are clear criminal offenses (aggravated assault and stalking), some of them are more difficult to charge. For example, emotional abuse often refers to any behavior that causes psychological harm, intimidation, manipulation, or control. However, what counts as manipulation, intimidation, or psychologically damaging can vary from case to case. It can also be challenging to prove.
Furthermore, like all cases that have to do with familial disputes, domestic violence cases are often highly emotional and fiercely contested. The defense and the prosecution both will have to conduct exhaustive investigations in order to gather evidence demonstrating what actually happened.
Let Sunshine Law Group Fight Your Domestic Violence Charges
An accusation does not decide how your case ends. Attorney Chad S. Roberts will listen to your side of the story, review the evidence, and advocate on your behalf in and out of court. Call us the moment you learn of an accusation, an arrest, or a protective order, so we have the most time to explore your options.
Call (757) 206-2291 or message us online to schedule your free consultation with our Newport News domestic violence defense lawyer.
Domestic Assault and Battery Charges and Penalties in Virginia
Virginia does not treat domestic violence as a single offense. Officers who respond to an argument with a spouse, former partner, parent, sibling, or housemate can make an arrest on the spot, and the charge is usually assault and battery against a family or household member. Our Newport News domestic violence lawyer represents people facing these charges in Newport News, Hampton, and York County.
Assault and battery against a family or household member, often called domestic assault or domestic battery, is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. A third offense within 20 years can be charged as a felony.
Protective Orders After a Domestic Violence Arrest
A protective order can be issued within hours of an arrest, before you have appeared in court. A violation is a separate criminal charge, and the conditions can reach into daily life:
The order can bar contact with a spouse, partner, or child.
The order can require you to leave a shared home.
The order can limit your visitation with your children.
Virginia courts also consider a history of family abuse when deciding custody, so we address the protective order and the criminal case together.
Defenses to Domestic Assault and Battery Charges
Attorney Chad S. Roberts is a former prosecutor, and he knows how the Commonwealth builds a family assault case. We use this experience to examine the evidence in your case. Depending on the facts, your defense can rest on one or more of the following:
Self-Defense: Virginia law allows reasonable force to protect yourself, and we gather the facts showing why you acted as you did.
Insufficient Evidence: An accusation resting on one person's account can fall short of proof beyond a reasonable doubt, so we compare the account with photos, text messages, medical records, and 911 recordings.
Inconsistent Statements: We cross-examine the accuser and witnesses on differences between their statements to officers, their testimony, and the physical evidence.
Unlawful Search or Interrogation: Evidence gathered without a valid warrant, probable cause, or proper warnings can be challenged and kept out of court.
Only the prosecutor can drop a charge. A complaining witness who asks to withdraw does not end the case, so the accused still needs a defense prepared for court.
Defending Yourself Against Domestic Violence Charges
A domestic violence conviction can have far-reaching consequences. In addition to incarceration and paying legal fines, you might be ordered to compensate the victim of your alleged crime for various financial damages (loss of wages, health care expenses, etc.). You might also lose custody, be placed on probation, and have a restraining order placed against you. Felony charges can compromise your employment opportunities and your voting rights.
At Sunshine Law Group, we can help you fight your charges and protect your personal and financial interests. This might mean working towards a case dismissal or negotiating with the prosecution to have your charges reduced. Whatever the case, we’ll help you pursue the best resolution for your circumstances.
Call (757) 206-2291 or message us to speak with our York County domestic violence defense lawyer.
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