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