by Faraji Rosenthall | Mar 23, 2015 | Domestic Violence
WHEN IS DOMESTIC VIOLENCE A FELONY IN VIRGINIA? Domestic Violence, or Assault and battery against a family or household member as it is known under Virginia law is typically a class 1 misdemeanor. That means that it is technically punishable by up to 12 months in jail and a fine of $2500. In actuality penalties are typically much lighter than that. First time offenders, for example are eligible for diversion which is frequently given, unless there is particularly egregious injuries or some other exaggerating factor. However there are certain conditions where a domestic assault charge can be prosecuted as a felony. Virginia has a sort of 3 strikes law when it comes to Domestic violence. If a person is convicted of a third domestic violence act the third conviction is a class 6 felony. That increases the potential jail time to 5 years. Additionally, all the other consequences that come with being a convicted felon (criminal record, loss of right to vote or possess guns) are all involved. The prior offenses do not have to be specifically for domestic violence. Any priors for domestic violence count, but so do convictions for malicious or unlawful wounding, aggravated malicious wounding, strangulation. In order to make the new charge a felony there must be a prior record of 2 of those charges committed in the last 20 years. So the short answer is that Domestic Violence is typically a misdemeanor, unless you have previously been convicted of other violent charges twice in the last 20 years. ...
by Faraji Rosenthall | Mar 23, 2015 | Domestic Violence
ASSAULT AND BATTERY AGAINST A FAMILY OR HOUSEHOLD MEMBER LAW IN FAIRFAX COUNTY, VIRGINIA Under Virginia Law, Domestic Violence cases are handled under the states “Assault and Battery Against a Family or Household Member” law. The law is found in the code under section 18.2-57.2. Under that section it is illegal to unlawfully touch a family member in a rude or threatening manner. This can include punches, slaps, pushes, really any contact that is designed to hurt another person or that is otherwise unwanted. The law further defines a family or household member very broadly. Any person who is blood relative is a family member. More commonly boyfriend and girlfriends are considered household members if they have resided together in the same house for at least one night in the previous year. So if you have a significant other who regularly stays over or who has done so at least once, they probably qualify under the law. However, say platonic roommates would not qualify. Assault and Battery against a Family or Household Member are some of the most frequently charged crimes in Fairfax County and across the state. This is because the police have a very strict policy of making arrests on any call for alleged domestic violence. The logic behind the policy is simple. It is safer to just arrest somebody in a heated situation, than risk leaving them there and having it escalate to something more drastic. The unfortunate consequence of this policy is that a lot of innocent people end up getting arrested. The vast majority of these cases are resolved very favorably, but it is...
by admin | Mar 14, 2014 | Domestic Violence
Are you facing assault charges in Virginia? Here are some things you should know. What Is Assault? Assault is the intention to engage in harmful or offensive contact with another person. Generally, words alone aren’t enough to support an assault charge. There needs to be a threatening physical action present as well. You can be charged with assault without touching the other person, though. Making physical contact that harms the other person is actually battery. What Are the Penalties? In Virginia, simple assault is a Class 1 misdemeanor. That means it carries up to a year in jail and $2,500 in fines. Assault is also considered a violent crime. A conviction stays on your permanent record for life. Many kinds of assault have even heavier penalties. For example, hate crimes carry a 30-day minimum jail term. They may also be considered a felony. Another case is assaulting someone you know is an emergency or public safety official while they are doing their job. That’s a Class 6 felony. It comes with a mandatory minimum jail sentence of six months. Can an Assault Charge Be Defended? There are several common defenses for an assault charge. One is self-defense. You have the right to protect and defend yourself if someone else acts aggressively. Another option is the intent behind your actions. Assault can’t be an accident. You have to do it on purpose. Which approach will work best depends on the specifics of the case. Do I Need to Hire a Lawyer? Assault cases are usually very complex. Police officers typically bring criminal charges. However, assault charges can be different in...
by admin | Feb 20, 2014 | Domestic Violence
A proposed bill to increase the punishment imposed upon a conviction for domestic violence and stalking in Virginia has been stopped in its tracks. Senate Bill 510 was sponsored by a Democratic senator from Arlington. The sponsor viewed the bill as a protection against future violence by individuals who had been convicted of a misdemeanor charge. Under the proposed legislation, anyone convicted of a domestic violence or stalking charge in Virginia would be prohibited from possessing a firearm for 5 years. At the conclusion of that 5 year period their rights would be restored automatically. As it stands now, convicted Felons already lose their rights to possess a firearm. There has been a push in the last few years to expand the prohibition to some misdemeanor charges. Under the proposed legislation, a person possessing a firearm within that 5 year period would be subject to a class 1 misdemeanor, a 12 month jail sentence and/or a fine of up to $2500. The bill died in committed, however members agreed to ask the Virginia State Crime Commission to study the issue and the bill’s...
by admin | Aug 5, 2013 | Domestic Violence, Drug Charges
In a recent event of arrest of three Newport News residents, the trio is looking at a trial for combined charges of drug abuse and child abuse. They were allegedly found in possession of heroin while traveling in a car with two young children. This was discovered after a traffic stop on July 5 in the 6600 block of Route 17. Reportedly, after halting the vehicle a deputy approached and he saw alleged drug paraphernalia and a substance suspected to be heroin. The three adults inside the vehicle, Melissa I. Elliott and Murriel I. Holt and James E. Viens, are each charged with two counts of abuse and neglect of children, one count of possessing and distributing controlled paraphernalia and one count of possession of a controlled substance. Elliott was also charged with receiving stolen goods. Holt is facing an addition count of misdemeanor possession of a controlled substance. It was also said that the two young children, aged 7 and 3, were also found sitting in the car. A child is considered to have been abused if the parent or custodian manufactures a controlled substance in the presence of a child or on premises occupied by a child; exposes a child to, or allows a child to be present where, chemicals or equipment for the manufacture of controlled substances are used or stored; sells, distributes, or gives drugs or alcohol to a child; uses a controlled substance that impairs the caregiver’s ability to adequately care for the child; or exposing a child to the criminal sale or distribution of drug. In the above case, it is not clear...
by admin | Jul 9, 2013 | Domestic Violence
Typically violent crime concerns citizens more than other types of offenses. There was good news for Virginia in the recently published Uniform Crime Report from the U.S. Department of Justice, that found violent crime was falling in Virginia’s major cities at a time when it increased by 1.2% nationally in 2012 over the previous year. Decreases in violent crime were reported in Alexandria, Chesapeake, Hampton, Newport News, Norfolk, Richmond and Virginia Beach. Nevertheless, questions have been arising over the validity of the national numbers, amid claims some police departments are under reporting their figures. According to the Commonwealth of Virginia, violent crime in Virginia has fallen steadily over the last decade. Virginia’s violent crime rate was 197 per 100,000 people in 2011. The rate has generally fallen since 2002, when the violent crime rate was 291. Virginia’s 2011 rate was the 5th lowest in the nation for violent crime Virginia Has Low Levels Of Violent Crime Compared to neighboring states, Virginia has low levels of violent crime. In 2011, North Carolina saw a rate of 350, Tennessee was at 608, and Maryland posted a rate of 494. Notwithstanding the falls, violent crime should not be taken lightly. It often has serious consequences for the victim and the accused alike. Some of the most significant violent crimes I deal with as a criminal defense attorney are: -Assault and Battery -Murder -Unlawful Wounding -Malicious Wounding -Involuntary Manslaughter & Voluntary Manslaughter -Rape and Sexual Assault Long Jail Sentences Violent crimes carry the longest jail sentences and require the lengthiest investigations. Not only are the consequences of these crimes more serious than many...
