Facing accusations of domestic violence can be emotionally devastating and have serious legal and personal consequences, including jail time, fines, restraining orders, and impacts on your child custody situation. Whether the allegation involves assault, battery, stalking, or threats, the consequences may be severe, and the legal defense process can become complicated. However, a Richmond domestic violence defense lawyer could help you.
At Ashwell & Ashwell, PLLC, our experienced criminal defense attorneys could protect your rights, thoroughly investigate the allegations against you, and develop a strong defense strategy for your case. Early legal intervention is important to pursue the best possible outcome in your case.
Under Virginia law, domestic violence generally refers to acts of abuse committed by one family or household member against another, including spouses, former spouses, cohabitants, dating partners, parents, and children. Acts of domestic violence include physical harm, assault and battery, sexual assault, stalking, or threats of harm. The law also recognizes psychological and emotional abuse as part of domestic violence.
Penalties for domestic violence vary depending on the severity of the offense and the accused’s criminal history. Simple assault or battery against a family member is typically charged as a Class 1 misdemeanor, punishable by up to 12 months in jail, with fines up to $2,500, and possible probation. More serious offenses, such as assault with a deadly weapon, strangulation, or repeated offenses, can be felonies, carrying longer prison sentences and higher fines.
A domestic violence conviction may also trigger restraining orders, loss of firearm rights, and long-term consequences for employment or child custody, so it is important to let a seasoned Richmond attorney defend you.
Defending against domestic violence charges requires careful evaluation of the facts and evidence. One defense involves identifying false accusations, where the alleged victim may have fabricated claims due to personal disputes or in retaliation. Self-defense is another key defense if the accused can show they acted to protect themselves from imminent harm. Lack of intent may apply when the alleged act was accidental or unintentional.
Additionally, challenging insufficient evidence or procedural errors, such as unlawful search and seizure or mishandled police reports, could help weaken the prosecution’s case. A skilled attorney may also present alibi or witness testimony supporting the defendant’s version of events. Each family violence case is unique, so consulting an experienced Richmond lawyer is critical for developing an effective domestic violence defense strategy for your situation.
If you are facing domestic violence charges in Richmond, you should immediately contact a lawyer. There may be a rush to judgment and pressure for you to plead guilty, but an experienced lawyer could fight to protect your legal rights.
It is also important to know what not to do. As much as you want to clear your name of the allegations that have been made against you, you must follow due legal processes. You should not try to contact or go near your accuser because it can only make the situation worse. If you are the subject of a restraining order, you must not violate it under any circumstances.
If you are facing domestic violence charges, speak to an experienced Richmond domestic violence defense lawyer at Ashwell & Ashwell. Our trial attorneys could evaluate your case and help you plan your legal path forward. We could determine whether there are any defenses that you could use, and we could also negotiate with the prosecutor on your behalf. Contact us immediately to schedule an initial consultation and let us defend you at this critical time.
