Monday, August 25, 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.

Nick v. Commonwealth

Facts:

In a domestic violence case, a jury in the Circuit Court of Fairfax (Virginia) convicted defendant of resisting arrest and committing assault and battery upon a law enforcement officer. He appealed, challenging his convictions on Fourth Amendment grounds, asserting the police unlawfully entered his home to arrest him, thereby justifying his use of force to resist that arrest.

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:

  • Domestic disturbances have a low flash point, and violence may be lurking and explode with little warning, sometimes justifying a warrantless entry for the protection of victims.
  • Because the Fourth Amendment has drawn a firm line at the entrance to the house, a warrantless entry into an individual's home is presumptively unreasonable unless it is supported by both probable cause and exigent circumstances. To determine whether exigent circumstances were sufficient to overcome the presumption of unreasonableness and justify a warrantless entry, the court must examine the circumstances as they reasonably appeared to the law enforcement officers on the scene. Circumstances that might justify a warrantless entry include whether the possibility of danger exists to others, including police officers left to guard the site, whether the offense involves violence, whether there is, at the time of entry, a clear showing of probable cause, and whether the suspects recently entered into the premises after hot pursuit. 
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:


These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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