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

Related Topics:
2 Lawyer Answers

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.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.