Virginia Beach, VA asked in Domestic Violence for Virginia

Q: My husband was charged w/ a class 1 misdemeanor for domestic violence. It’s his first offense. Can the charges be drop?

Related Topics:
3 Lawyer Answers
Brian M. Latuga
Brian M. Latuga
Answered
  • Domestic Violence Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: Virginia Beach does permit a Nolle Prosequi/ dismissal with a first offense depending upon the circumstances of the case. There are factors that prohibit a dismissal and lead to a trial by a judge. Every case is different. When in doubt, hire a lawyer. The victim of the case is always permitted to call the Commonwealth Attorney’s Office and voice their opinion about the case. Whether that is the right thing to do will depend upon the case as well.

Shemeka C Hankins and Michael Christopher Miller agree with this answer

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

A: He can go through the first offender program and have it dismissed if it's a first offense (after taking an anger management program) or take it to trial if he believes he has a defense.

Michael Christopher Miller agrees with this answer

Michael Christopher Miller
Michael Christopher Miller
Answered
  • Domestic Violence Lawyer
  • Vienna, VA
  • Licensed in Virginia

A: As a criminal charge, the commonwealth's attorney has control of the disposition of the charges. You can ask, but they decide. This is unlike a protective order, which is a civil matter that you would control.

He is probably charged under Va. Code § 18.2-57.2. Assault and battery against a family or household member; penalty.

If so, Va. Code § 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge may apply.

"A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section."

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.