Waynesboro, VA asked in Criminal Law for Virginia

Q: SO WHAT IF ITS A FIRST TIMER AND IT GOT CHARGE WITH ASSAULT BATTERY ON A FAMILY MEMBER WHAT THE RESULT

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2 Lawyer Answers
Kristin Paulding
Kristin Paulding
Answered
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Assault and Battery on a Family Member is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2500 fine. However, if you are found guilty or the Court determines there is enough evidence to find you guilty you can be given a deferred finding. A deferred finding option is available for first time offenders. With a deferred finding you will be placed on good behavior for 2 years. The Court may require you to complete anger management or a substance abuse assessment. After 2 years if you do everything the Court asks of you then the charge can be dismissed. If you violate the terms of the deferred finding the Court will find you guilty of the offense.

Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: If the court finds "facts sufficient", even if the case if ultimately dismissed as a result of you following everything the court tells you to, you won't ever be able to expunge that charge.

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