Ashburn, VA asked in Domestic Violence for Virginia

Q: My girlfriend & I got into a heated argument, she is now being charged with assault and battery.

One night, my girlfriend and I got into an argument, because she gave me her credit card to get juice, I ended up purchasing that along with a few items she wasn’t aware of. When she checked her bank she saw there was charges she didn’t recognize, as we drank alcohol she confronted me about it our argument got heated and the neighbors ended up calling the cops. Meanwhile we had a few drinks at this point and I came at her aggressively and put her to the ground to keep her quite in which her shirt ripped, she acted in self defense but at this point I had just recorded her “assaulting me” but it was self defense so when the cops showed up, me being tipsy I showed them the video, but the entire time I was telling the police she didn’t do anything and it was self defense and we just had a lot to drink now she is being charged with assault and battery. How can I explain this to court to where she doesn’t get charged or faces jail time if I pretty much came at her aggressively first. HELP!!!

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1 Lawyer Answer
Shemeka C Hankins
Shemeka C Hankins
Answered
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Unfortunately, you have put your girlfriend in at tough situation. In most jurisdictions in Va, the Commonwealth Attorney's office will be involved on the case if she was charged with assault and battery against a family member. This will apply if you are in a relationship and having been living together within the last year. The Commonwealth Attorney then has the ability to decide if they will go forward with the charges - you can talk to them and explain the situation and perhaps they will not go forward with the charges. If she is charged with simple assault and battery in the general district court and not in the juvenile and domestic relations court, you have more control over saying you do not want to go forward with the charge to the court. Either way in these situations, your gf should consult a local attorney about her rights and options as the defendant, many give free consultations.

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