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.
Email Us:
Our Phone #
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Virginia | |
| Fairfax | 703-278-0405 |
Fairfax Virginia Lawyer
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