Baltimore, MD asked in Domestic Violence for Virginia

Q: I was charged with a misdemeanor simple assault on my girlfriend and didn’t get a lawyer should i?

She is still my girlfriend and is willing to come to court on my side .

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2 Lawyer Answers
Shemeka C Hankins
Shemeka C Hankins
Answered
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Even if this is a misdemeanor, if your case is assault and battery against a family member, there will be a lawyer on the other side for the Commonwealth Attorney's office who will prosecute your case. If that is the case, you really want to be careful about going in without an attorney because even if your girlfriend is "on your side" she may have made statements to police that the prosecution can use against you if they decide to go forward with the prosecution. If it is truly simple assault in the general district court, you have a better chance of the charges getting dismissed but there is still no guarantee just because she says she wants to be dropped. I would seek out a lawyer in your local area and get further advice. Many do free consultations. Good Luck

Susan Fremit agrees with this answer

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

A: You need to hire a lawyer to help you. Your girlfriend simply saying she doesn't want to go forward with the charge is not likely to make it go away. And if convicted of a domestic assault, you cannot possess or own a firearm.

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