Helping Clients Fight Unfair Charges
While it is understandable for prosecutors to aggressively pursue abusers in Virginia, it can be extremely frustrating to face domestic violence charges when the alleged victim is dishonestly accusing you of assault that never happened. You could get arrested and face a conviction for actions that never occurred or were misconstrued. Furthermore, a domestic abuse conviction can lead to serious repercussions, such as jail time and a criminal record that could haunt you for years to come.
If you are facing accusations of domestic violence assault, you need a criminal defense attorney who is familiar with Virginia law to give you the counsel and representation necessary to get your charges lowered or dismissed. Your lawyer can help you understand the charges brought against you and develop a defense to prevent you from receiving the maximum sentencing.
At Ashwell & Ashwell, our team of attorneys is led by a former judge and prosecutor, making us ideal allies when facing any serious criminal charges. Many times, we can negotiate to get the criminal case thrown out without ever going to court. We will hold your accuser accountable for their dishonesty and identify evidence showing holes in the prosecution’s argument. Call 540-386-1277. today to learn how we can help with your domestic violence case.
How Does Virginia Law Define Domestic Violence Crimes?
When you are fighting unfair criminal charges, one of the first steps is to understand the laws behind the charges brought against you. Only then can you develop a solid defense to fight your abuse charges. For example, Virginia laws specifically define domestic family abuse as acts of physical harm, force, or threats against a family member or person who lives in the same household.
Individuals who live in the same home and may be victims of domestic abuse include:
- Spouse
- Former spouse
- Parents
- Children
- Grandchildren
- Stepchildren
- Siblings
- In-laws who reside in the same home
- A partner who has children with the accused
- Roommates
- A boyfriend or girlfriend who live together
- Foster children
Some actions that could be considered family abuse in Virginia include slapping, kicking, hitting, pushing, choking, sexual assault, and other forms of family or dating violence against a person of the same household. Your charges could be enhanced, or made more serious, if you possessed a deadly weapon such as firearms, resulting in aggravated assault charges.
Fighting your charges may include demonstrating that the person is not a household member or that the alleged violence did not take place. Any domestic violence allegation should be taken seriously, so reach out to a domestic violence defense lawyer today.
What Are the Penalties of Domestic Violence in Virginia?
A domestic abuse conviction can have some severe consequences in Virginia, depending on the circumstances of the case. If it is the person’s first conviction, it will be considered a misdemeanor, and they may face up to a year in jail and up to $2,500 in fines. However, if this is the second or more conviction, the abuser could face felony charges with up to five years in prison.
Some other consequences that many people don’t think about are the results of having a criminal record. Being convicted of any crime can make it difficult to get a job, find housing, and keep custody of your children. Additionally, you could have an emergency protective order brought against you. If you are found guilty of domestic violence, you may be prohibited from owning a firearm.
Call our law offices today to learn more about how we can prove you innocent and fight the false allegations you’re facing.
What Defenses Can I Use to Get My Domestic Violence Charges Lowered or Dismissed?
Unfortunately, many individuals use allegations of domestic abuse or harassment to get back at their ex or family member. This can put innocent individuals behind bars and affect their relationship with their children. However, you can still get your charges dismissed with the help of a criminal defense attorney like those at our law firm.
Some defenses that can help defeat domestic violence charges include:
- Acting in self-defense
- Acting in defense of property
- Acting in defense of someone else
- Reasonable reaction
- Mistaken identity
- Unlawful search or arrest by police
Fighting domestic abuse charges can be highly complex because of the stigma against family abuse in Virginia. Individuals who did not instigate the violence and acted appropriately in the situation may face charges because of a family member’s dishonesty. However, you can fight your charges in family court and get your life back with the right legal representation. Contact our legal team immediately for help navigating the legal process during this challenging time.
Should You Hire Our Domestic Violence Attorneys?
There is too much at stake in a domestic violence case to try to go it alone or work with inexperienced attorneys. You need a law firm with experienced lawyers determined to fight aggressively for a positive outcome in your case. You need Ashwell & Ashwell.
Our legal team has decades of combined experience, including years spent as a judge and prosecutor. We are deeply familiar with Virginia criminal and family law, giving us unique insights that other legal representatives may not have. When you meet with us, you will instantly feel that you are in good hands and that we will handle your case with care.
At Ashwell & Ashwell, you are more than just a case number. We will treat you with the respect and care you deserve because you are a valuable person who is more than the crimes brought against you. We promise to stand by your side as strong allies and use our legal knowledge and talent to defend you regardless of obstacles that may arise. Reach out to us today for an initial consultation with our caring, skilled legal team. You can contact us now by calling 540-386-1277.
