Domestic violence refers to numerous types of criminal offenses that can occur in a family or household setting. While a domestic violence charge can be a misdemeanor or a felony depending on the circumstances, repeat offenses or alleged accompanying acts, such as violating a protective order, could aggravate the potential penalties.
A Chesapeake domestic violence lawyer can help you understand the charge or charges you are facing as well as the prospective legal consequences. A defense attorney with extensive experience handling these types of cases, as well as negotiating with prosecutors to downgrade or even eliminate such charges, can provide the representation you need and deserve.
A person can be charged for engaging in domestic violence if they carry out assault and battery against a member of their household or family. Assault occurs when someone tries to commit battery against another person or threatens to do so, while battery is unwelcome or offensive physical contact carried out in a rude or angry way. Even if the alleged victim does not sustain bodily harm, the act of trying to engage in battery, issuing threats of battery, or perpetrating battery can lead to criminal charges.
The legal definition of domestic violence is extremely broad, both in terms of the potential acts that can be considered to constitute the offense as well as the family relationships encompassed in this definition. These family relationships can include the alleged offender’s current or former spouse, co-parent, parents or stepparents, grandparents, children, stepchildren, siblings, and grandchildren, no matter whether these parties have resided with the alleged offender or not.
The definition also extends to other individuals, including the alleged offender’s romantic partner whom they currently live with or with whom they lived with in the year preceding the alleged offense. In-laws who live with the alleged offender are also considered family or household members against whom domestic violence can be carried out.
It is essential to contact a Chesapeake lawyer right away if you are facing allegations or charges of domestic violence. Domestic violence is usually a Class 1 misdemeanor, which carries a prison term of up to one year plus up to $2,500 in fines. However, if the accused has already been convicted of two or more domestic violence offenses in the last 20 years, which can include assault and battery or other related offenses like malicious wounding, the charge would be a Class 6 felony. A Class 6 felony carries a prison term of up to five years, plus fines.
A Chesapeake attorney can identify legal avenues to push back against domestic violence charges. These cases can be incredibly complex and sensitive, given the context in which these allegations appear. Still, there can be multiple plausible defenses against domestic violence and related charges.
For example, self-defense can be an affirmative defense to domestic violence. Of course, innocence can also be a plausible defense. If the allegations are demonstrably false, the prosecution cannot convict you for domestic violence.
Procedural issues or lack of evidence may also be key details used to fight a domestic violence charge. If the prosecution cannot prove you engaged in domestic violence beyond a reasonable doubt, they would not fulfill the burden of proof.
A Chesapeake domestic violence lawyer can conduct their own investigation into your charge and the body of evidence available. There could be multiple potential defenses that may apply in your case.
In some situations, the best course of action may be to seek a plea deal with the prosecutor’s office. However, other cases may contain the underlying circumstances to seek a full dismissal. An attorney can work tirelessly to seek the most optimal resolution for your case. Give Parks Zeigler, PLLC, a call today to speak with a defense attorney about fighting a domestic violence charge.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law
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