Norfolk, VA asked in Criminal Law and Domestic Violence for Virginia

Q: I got a domestic violence charge against my live in boyfriend, in which alcohol is involved. Can I get out innocent?

I have no prior offenses of any kind. We were both intoxicated and do not remember the initial physical altercation. I did admit to being physical, but also did not elaborate on the extent of assualt to officers either. They did take a picture of sratches on his neck, which i dont recall doing. He did push me as well, which i know is assualt. I dont want him to have a charge either. He wants there charges dropped but it was the Common wealth that placed the charges. I was compliant and non hostile to officers. What should I do to get this dismissed or overturned? I did not call the police a neighbor did for domestic disturbance

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

A: You called the police? Difficult in VA to get domestic charges dismissed. If you tell the Commonwealth (prosecutor) that you were drinking heavily that day and don’t recall your action but since nobody else was present, the scratches could be attributed to your actions, the charges might be dropped. Work with his lawyer.

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