Monday, April 14, 2014
Domestic Violence In Virginia Fairfax Lawyer Assault Battery
Domestic Violence
In Virginia
In Virginia,
domestic violence is a criminal offense under Va. Code § 18.2-57.2 and is
punishable as a Class 1 misdemeanor
Below is a sample
case of domestic violence, in violation of Va. Code § 18.2-57.2 in Virginia as
interpreted by a lawyer in our firm.
Va. Code Ann. §
18.2-57.2 dealing with penalty for Assault and battery against a family or
household members states as follows “Any person who commits an assault and
battery against a family or household member is guilty of a Class 1 misdemeanor.”
Have you been
charged with domestic violence in Virginia and need a lawyer to defend you?
Are you concerned
about the consequences of being charged with domestic violence in Virginia?
For a lot of our
clients, domestic violence can result in the loss of their job, their security
clearance etc.
Don’t risk going
to court without a lawyer, if you have been charged with domestic violence in
Virginia. Contact our law firm for help
and speak with a lawyer today.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg and Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Gerald v.
Commonwealth
Facts:
In a domestic violence case, two
police officers responded to a 911 call involving a domestic violence in Fairfax.
When they arrived at the home, the wife was outside and the husband was
standing in the doorway. One of the officers went a few feet inside the house
without permission. When the officer advised defendant she was placing him
under arrest for domestic assault, defendant refused to cooperate, and
subsequently was charged with assault and battery on both officers. The
appellate court affirmed the trial court's order which granted defendant's
motion to suppress all evidence which resulted from the entry into defendant's
home. The court held that no exigent circumstances existed and, thus, the
officer lacked a sufficient legal basis for entering defendant's home without a
search or arrest warrant. Although a potentially volatile domestic situation
existed, the facts known to the officer did not provide probable cause to
believe the officer's immediate entry into the home was necessary to protect or
preserve life or avoid serious injury to the wife or children.
If you are facing
a criminal case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Holdings:
The Virginia
Court made the following holding:
- Acts
of domestic violence often are intended to dissuade a victim from
resorting to outside help, and include conduct designed to prevent
testimony to police officers or cooperation in criminal prosecutions.
Where such an abusive relationship culminates in murder, the evidence may
support a finding that the crime expressed the intent to isolate the
victim and to stop her from reporting abuse to the authorities or
cooperating with a criminal prosecution, rendering her prior statements
admissible under the forfeiture doctrine. Earlier abuse, or threats of
abuse, intended to dissuade the victim from resorting to outside help
would be highly relevant to this inquiry, as would evidence of ongoing
criminal proceedings at which the victim would have been expected to
testify.
If you have been
charged with a first time offense of domestic violence in Virginia, contact our
law firm for help and speak with a lawyer today.
We have client
meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach
Fredericksburg Lynchburg.
Our law firm has
the necessary experience to assist you with this matter. We will do our absolute best to help you get
the best result possible based on the facts of your case.
Disclaimer:
Email Us:
Our Phone #
Virginia | |
Fairfax | 703-278-0405 |
Fairfax Virginia Lawyer
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