The subject of domestic violence leads to extreme emotions. These emotions are why prosecutors aggressively pursue charges and judges show little patience for those who are convicted. It is important to understand, however, that domestic violence is a criminal charge prone to be based on false allegations. Such false claims are typically made by parties who attempt to gain an advantage in child custody proceedings or wish to simply ?get even? with their former significant other.
You must take allegations of domestic violence seriously – even if they are false. Retaining an experienced Roanoke criminal defense attorney is vital to building an effective defense. At Lugar Law PC, we understand the impact that a criminal conviction can have on one?s life, and we?re prepared for your rights and freedom. To schedule a free and confidential consultation of your case, contact us today at (540) 384-0348.
Domestic Violence Charges in Virginia
Domestic violence occurs whenever someone commits assault and/or battery against the following people:
- Their spouse
- A relative
- Another member of their household
A first offense is charged as a class 1 misdemeanor and carries a penalty of up to 12 months in jail. The charges are elevated, however, if a weapon is involved, or if the victim suffers serious bodily harm. A third offense is charged as a class 6 felony and carries a potential term of incarceration of up to five years. Additionally, anyone convicted of domestic battery is prohibited from possessing a firearm under state and federal law.
What Can I Expect From the Legal Process?
A case begins with your arraignment. The date of your trial will likely be set at your arraignment, as well. The case can hinge on whether the violence is proven and, if found, whether you acted in self-defense. Your Roanoke domestic violence lawyer will acquire the police reports, witness statements, and other evidence which the prosecution is required to provide.
An investigation surrounding the matter will include collecting evidence that may show the alleged violence did not occur. Examples of such evidence can be proof that the defendant was actually in a different location, correspondence (text messages, emails, etc.), and other items showing that the alleged victim?s conduct is inconsistent with one who was just assaulted. If a resolution is not reached, then the case will proceed to trial. At trial, the rules of evidence are observed, and it is crucial that you retain a trial lawyer familiar with handling such matters.
How Can a Roanoke Domestic Violence Lawyer Help?
Attorney Cerid Lugar handles misdemeanor and felony domestic violence cases. Through an initial consultation, she will listen to your side of the story and help you understand what to expect as the criminal justice process moves forward. She obtains all required discovery and will also acquire relevant records of pending family law proceedings. She will file all necessary motions and work to exclude any statements which are gained in violation of your rights.
If a fair plea agreement cannot be reached, then attorney Lugar will prepare your case for trial. If domestic violence did occur, then she will argue that you were acting in self-defense. If the violence did not occur, then she will present all available evidence to the court. ?
Contact Lugar Law PC for Help Today
If you have been accused of domestic assault, then you have enough to worry about. Being able to reach your lawyer should not be a problem. At Lugar Law PC, Attorney Lugar prioritizes attorney-client communication. She quickly responds to messages and makes sure that your questions are always answered. To schedule an initial consultation, contact Lugar Law PC today at (540) 384-0348.