There are two sides to every story. Unfortunately, in a domestic violence criminal case, judges, jurors, prosecutors, and the general public often do not see things that way. Instead, they usually look at a defendant as guilty until proven innocent, placing them in an unjust situation.
If your version of events was not believed and you have been charged with domestic violence, you should speak with a Richmond, Virginia domestic violence defense lawyer from Portner & Shure, P.A. right away. We know that your case is based on highly sensitive facts and complicated emotions, which is why we always progress a claim carefully and respectfully.
Call us at or contact us online to start your domestic violence defense case.
Virginia Definitions of Domestic Violence
Virginia Code §18.2-57.2 defines domestic violence as “an assault and battery against a family or household member” of the assailant.
Who is a “household member” in Virginia law?
- Spouse or former spouse
- Parent
- Child
- Stepparent or stepchild
- Grandparent or grandchild
- Any individual that shares a child with the accused
- Any individual that has lived in the same household with the accused within the past year
Technically, an assault does not need to involve violent physical contact with another person. You can be charged with assault just for threatening violence or attempting to hurt someone without fruition. To this end, you can also be charged for domestic violence without ever laying hands on your accuser. Raising your voice in anger might be enough to land a conviction if you do not build a powerful defense strategy.
Domestic Violence Charges & Potential Penalties
The Commonwealth of Virginia classifies domestic violence as a class 1 misdemeanor in most cases. After being convicted of a first offense, you could face a penalty of 1 year in jail and/or a $2,500 fine. If you are charged with a subsequent offense and have two prior domestic violence convictions within the past 20 years, you can be charged with a class 6 felony. A conviction for a subsequent offense carries a potential penalty of 5 years in prison and/or a $2,500 fine.
Two other consequences of a domestic violence conviction are the removal of your:
- Firearm rights: People who are convicted of a violent crime in Virginia can lose their right to purchase, own, and carry a firearm.
- Parental rights: A family law court will likely retract your parental rights if you are convicted of domestic violence, even if the accusations did not involve any sort of violence against your children.
Defenses to Domestic Violence Charges in Richmond
The facts of each criminal case are different. What remains constant is that each person that is charged with a crime should be legally presumed to be innocent. To convict you of domestic violence, the prosecution must prove that you are guilty beyond a reasonable doubt. You do not need to prove that you are innocent.
A good way to defend yourself from the prosecution’s attempts is to go on the offensive. Our attorneys may want to focus on your accuser’s credibility and expose ulterior motives or biases against you. For example, some domestic violence accusers will create false stories of abuse before or during a divorce in order to try to win child custody rights over the accused.
Choosing a Team That Fights for You
At Portner & Shure, P.A., we are proud to stand up for people who have been accused of domestic violence. Our Richmond domestic violence defense attorneys can work with you to build an effective defense that factors in all available evidence while also creating convincing arguments aimed to unravel the accusations against you. Your defense starts here – do not delay.
Get a free consultation withour team by dialing (410) 995-1515 now.
Our legal team can speak English, Spanish, Chinese (Mandarin and Cantonese), Vietnamese, and Korean for client convenience.
