Thursday, April 3, 2014
Domestic Violence In Virginia Fairfax Lawyer Violation Code 18.2-57.2
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.
Wilson v.
Commonwealth
Facts:
In a domestic
violence case, the Circuit Court of Fairfax (Virginia) convicted defendant of
domestic assault and battery third or subsequent offense, in violation of Va.
Code Ann. § 18.2-57.2(B). Defendant appealed.
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:
- As
with all elements of a crime, the burden is on the Commonwealth to prove a
prior conviction beyond a reasonable doubt. While the most efficient way
to prove the prior conviction is to offer in evidence an authenticated
copy of the prior order of conviction, the prior conviction may be proved
by any competent evidence. A court not of record trying a defendant on a
criminal offense must memorialize its judgment by stating the defendant's
plea, the court's verdict or findings, and the adjudication and sentence.
Va. Code Ann. § 19.2-307.
- The sole difference
between the felony offense of domestic assault and battery, and the
lesser-included misdemeanor offense, both codified in Va. Code Ann. §
18.2-57.2, is the requirement of prior convictions for offenses occurring
on different days.
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 #
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Virginia | |
| Fairfax | 703-278-0405 |
Fairfax Virginia Lawyer
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