Monday, September 15, 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.

Holmes v. Commonwealth

Facts:

In a domestic violence case, the Appellant challenged his bench trial conviction in Fairfax for assault and battery against a family or household member in violation of Va. Code Ann. § 18.2-57.2. (Michie 1995 Repl. Vol. 1997), his third such conviction within 10 years, making it punishable as a Class 6 felony, contending the evidence was insufficient to establish the woman he was convicted of assaulting and battering was a family or household member.

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:

  • Under familiar principles of appellate review, courts examine the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom. The fact finder is not required to believe all aspects of a witness's testimony; it may accept some parts as believable and reject other parts as implausible.
  • In Virginia , the legislature has concluded that assault on a family or household member is more serious than assault on a stranger. Va. Code Ann. §§ 18.2-57, 18.2-57.2.
  • The factors to be applied in determining if persons are cohabitating for purposes of a statute proscribing domestic assault are unique to each case and how much weight, if any, to give to each of these factors must be decided on a case-by-case basis by the trier of fact.
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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