Laurinburg, NC asked in Criminal Law and Domestic Violence for Virginia

Q: My boyfriend was charged with his first misdemeanor DV charge. He has no criminal record. What will the court prob. say?

My boyfriend was charged with his first misdemeanor DV charge. The victim made a statement under the influence of alcohol and the police took pictures of arm scratches (did not break the skin). He has no criminal record. What will the court most likely rule? Will he go to jail?

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

A: The answer to the question depends on a number of factors. Obviously with no criminal record and minimal injuries, things could be looked at very positively by the court. However, a domestic violence charge in Virginia carries up to twelve months in jail and up to a $2500 fine, if he is found guilty. The Commonwealth Attorney's Office, also known as the prosecutor, will typically be involved in these kind of charges and it depends on their office policies about how they are handled. In order to maintain his good record, and potentially get the benefit of probationary programs, your boyfriend should seek the advice of local counsel and see how its typically handled in that area and determine if he has any defenses to be the charge. Good luck to you both!

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