Assault and battery are grave crimes, especially when committed against a household member. A conviction can lead to a lengthy prison sentence, a high court fine, and other consequences from a damaging criminal record. However, you can influence the outcome of your case if you face charges for assaulting or battering a family or household member in Northern Virginia or the City of Fairfax. Engaging an experienced criminal defense attorney can assist in navigating the legal process.

At Virginia Criminal Attorney, we know how life-changing a criminal charge and conviction like this can be. We can work with you to ensure a smooth legal process and a strong defense against your charges. We can use strategies to compel the court to drop or reduce your charges. Our team can also protect your rights throughout all court proceedings regarding your case.

Legal Meaning of Assault and Battery Against a Family or Household Member

Although assault and battery are, in some cases, used interchangeably, they have different legal meanings under Virginia law.

Assault is an act intended to cause bodily harm or to place another person in fear of imminent harm. It refers to any act by one person that intends to place another in fear of physical harm. This means you can assault a person even without causing them harm. What matters is that your actions are intended to cause the person harm or fear of harm.

On the other hand, battery refers to any willful and unwanted touch by one person against another that occurs without a legal excuse or justification. Battery entails touching a person rudely or offensively, and it does not have to result in bodily harm.

The two definitions provide the legal meaning of simple assault and battery. Both are Class 1 misdemeanors, punishable by a maximum of 12 months in jail and a fine of up to $2,500.

More severe forms of assault and battery exist, including assault and battery of a household member. When crimes like these occur in the confines of a home where everyone should feel loved, accepted, and safe, the consequences become grave. The crime is covered in detail under Virginia Code § 18.2-57.2. A general violation is a Class 1 misdemeanor, punishable by a year in jail and a $2,500 court fine. The DA can file Class 1 misdemeanor charges if you are accused of spanking, slapping, punching, pushing, or smacking a family member. A more severe violation can result in graver penalties.

When prosecuting assault and battery crimes against family members, the prosecutor must consider the facts of the case to determine the proper charges to file against the perpetrator. For example, they can file Class 1 misdemeanor charges if it is a one-time assault or battery that does not result in an injury. However, if your actions cause the victim to sustain a significant bodily injury, the DA can file Class 6 felony charges against you, punishable by a prison sentence of one to five years, or, at the court’s discretion, one year in jail and a fine of $2500.

Remember that Virginia Code § 18.2-57.2 protects particular victims, including members of the same family or household as the perpetrator. Thus, the victim here can be a roommate, boyfriend, girlfriend, spouse, parent, sibling, grandparent, in-law, or any other person living in the same household, even if they are not blood-related.

The prosecutor also considers the perpetrator’s criminal history when filing charges against them for assaulting or battering a family member. For example, suppose you have a prior conviction for any of the following crimes in your criminal record. In that case, the prosecutor will file Class 6 felony charges regardless of the severity of the underlying crime:

  • Simple assault or battery of a family or household member in violation of Virginia Code § 18.2-57.2
  • Malicious or unlawful wounding of another person in violation of Virginia Code § 18.2-51
  • Aggravated illegal and malicious wounding of another person, in violation of Virginia Code § 18.2-51.2
  • Causing a malicious bodily injury to another using a substance, in violation of Virginia Code § 18.2-52
  • The crime of strangulation, in violation of Virginia Code § 18.2-51.6
  • Any other crime with the same elements as this offense in any combination, provided the crime occurred within 20 years of the current one.

Assault and battery of a family member is considered a crime of domestic abuse. If a victim calls for help during or after an assault or battery, and the police respond, they can help the victim obtain an emergency protective order. The victim can seek further protection from the court if they are afraid for their safety after the expiration of the emergency restraining order, which remains in effect for only a few days.

The Elements of the Crime

They refer to the facts of a crime, which the prosecutor must prove during the trial to obtain a guilty verdict. Remember that DAs bear the burden of proving criminal cases. Thus, they must demonstrate all the facts for a court to find the accused guilty. In this case, the DA must demonstrate the following:

  • That you committed a crime of battery or assault, according to the definitions provided under Virginia Code § 18.2-57
  • You committed the crime against a family or household member or anyone who lives in the same house as you

If you have an experienced criminal attorney by your side, they can challenge one or both of these elements to compel the court to dismiss your case. They can use the best defense strategies according to the details of your case. For example, they can say that you are falsely accused if it is not true that you assaulted or battered a family member. Your attorney can also say that the assault or battery was accidental if you did not intend to instill fear or harm the alleged victim.

If the police help the victim obtain an emergency protective order, you must abide by the provisions of that order to avoid worsening your legal situation. You can plan a defense against the protective order if you want to stay close to your family or to continue living in your home. It also helps to cooperate with the police during the case investigation. If you fear incriminating yourself when speaking to the police, do so through your attorney. Being cooperative and abiding by all the conditions of a protective order can work in your favor as mitigating factors during the trial for the underlying crime.

Possible Punishment for the Assault or Battery Of a Family or Household Member

A simple form of assault and battery on a family or household member is a Class 1 misdemeanor. This charge will likely happen if the assault or battery is minor, does not result in an injury, and you do not have a prior conviction for a similar or related offense. A Class 1 misdemeanor is punishable by one year in jail and a $2,500 court fine.

The DA can also file Class 6 felony charges for assaulting or battering a household member. This will occur if you have at least two previous convictions for battering or assaulting a family member, unlawful wounding or strangulation, or causing malicious bodily harm. A Class 6 felony is punishable by five years in prison.

The Effect of a Restraining Order

In addition to these criminal penalties, the court can issue a restraining order against you for domestic abuse. Restraining orders protect victims of domestic abuse from further abuse by people they are closely related to or people they live with. A restraining order carries strict orders that you must abide by throughout the order's validity. For example, it could require you to move away from the home you share with the alleged victim, compel you to pay child support or alimony, and order you to remain within a specific distance of the victim or the victim’s loved ones.

An emergency protective order lasts seven or five working days. A temporary restraining order is valid for up to 21 days, and a permanent one lasts for years.

A restraining order will keep you apart from your family, disrupt your life, and cause you to lose some privileges, like child custody. A single violation of a protective order can result in severe consequences, including an arrest and more stringent conditions by the court.

Misdemeanor or Felony Probation

Judges sometimes use probation instead of jail or prison sentences, depending on the underlying charge. Suppose you face misdemeanor charges for assaulting or battering a family member. In that case, the court can sentence you to misdemeanor probation for three years or less instead of jail for one year. A felony probation for felony charges can last for up to five years. Although you serve your sentence outside of jail, the judge sets strict probation terms and conditions to which you must adhere. This will determine how successful your sentence will be.

Here are examples of probation conditions the court can set during sentencing for assaulting or battering a family member:

  • Not to be involved in criminal acts while on probation
  • To engage in community work for a particular number of hours
  • To seek treatment or rehabilitation for a behavior, like a drug or alcohol abuse or addiction, if it caused you to engage in crime
  • To submit regular reports to the court about your progress
  • To pay all court fees, fines, and victim restitution

Remember that the court can issue a restraining order against you if it finds you guilty of domestic abuse. The order will contain other conditions for you to abide by. For example, the order could require you to stay within a particular distance of your family or home. The court can also order you to surrender part of your assets to the victim and to pay child support or alimony. If you work, live, or enjoy hanging out in the same place as the victim, this must change to ensure you do not violate the terms and conditions of the protective order.

If your probation goes well, you will be free to live your life once the probation period elapses. However, you could find yourself in legal trouble if you violate your probation in any way. Probation violations are severe in Virginia. The court can take action against you according to the severity of the violation and the consequences. For example, if you commit a crime while on probation, the court can cancel your probation and send you to jail for the period recommended by the law.

How an Attorney Can Help You

In addition to all the criminal penalties for assaulting or battering a family member, a conviction will damage your reputation and criminal record. The arrest and conviction record will remain in your criminal account for a long time, impacting various aspects of your life. It can affect how easily you find jobs, regardless of your credentials. It can also affect how you make friends, access credit, or even make friends. This is because criminal records are public matters, and people can learn about others' criminal backgrounds by conducting background checks.

Your best option if you face charges for assault and battery of a family or household member is to fight your charges. You can achieve this through the guidance and support of a criminal defense attorney. With the proper defense, the court can reduce or drop your charges, which is critical in avoiding all the harsh penalties and severe consequences of a conviction.

An attorney is critical in ensuring you understand your legal charges for effective decision-making. They will also ensure you know your rights and how to defend yourself. Lastly, an attorney will help you navigate all complex legal processes. They will be by your side from the start to the end or until you are satisfied with your case’s outcome.

An attorney’s primary role in a case like this is criminal defense. Facing criminal charges does not necessarily mean that you are guilty. A trial will determine the outcome of your case. During the trial, the prosecutor will present the case and evidence against you and use the best strategies to obtain a guilty verdict. The court will allow you to fight those charges and any evidence by the prosecutor to compel the court to rule the case in your favor. After all the presentations, the court will consider the weight of the evidence and statements presented by the prosecution and defense teams to determine the case.

Criminal cases can be very unpredictable. There is usually no guarantee that the case will go your way because you are innocent or have the best defense. However, you can improve your chances of obtaining a favorable outcome by hiring a competent attorney for your defense. Consider their level of skills and experience, as this will determine their proficiency. An experienced attorney will know the right defense strategies to obtain a favorable result in a criminal case. Here are examples of techniques your attorney can employ in this case for a reasonable outcome:

You Were Acting in Self-Defense or Defense of Others

Assault or battery can occur during a self-defense incident or a defense for other people. You can legally use reasonable force if the person is about to harm you or another person. However, you must carefully use this technique to avoid implicating yourself. A self-defense strategy works best if you can prove that you faced imminent danger and only used reasonable force to defend yourself or another. If there is proof that you used more force than required according to the threat you were facing, the court can pass a guilty verdict.

In your defense, your experienced attorney can argue that the family member was about to harm you or someone else in the household. They can further say that you need to act fast to defend yourself. The court will drop the charges if you convince the court that your action was necessary and reasonable.

You Are Falsely Accused

People living in the same household do not necessarily get along. There could be differences that can compel one person to file false accusations against another. For example, someone could be jealous or angry with you for what you did or failed to do. They can also file false accusations to get even with you or out of revenge. False allegations about domestic abuse are widespread in Virginia. If someone lies to the police that you committed assault or battery against a family member, you can defend yourself.

Remember that stating your innocence is insufficient to obtain a not-guilty verdict, even when you are innocent. You need compelling evidence to show the court you are innocent of the offense for which you face accusations. An experienced attorney will investigate the matter first to obtain credible evidence, including confessions from the alleged victim and other household members. They can also use your alibi to prove your innocence and demand a case dismissal.

Your Actions Were Accidental

Assault and battery are committed with the particular intent to injure or threaten the victim. Even if your actions do not result in physical harm, the prosecutor must demonstrate that you intended to harm the victim or put them in reasonable fear for their safety. This intent is a critical element of this case that the prosecutor must prove to obtain a guilty verdict.

If your actions were accidental or did not intend to harm the victim, the DA cannot prove this case beyond a reasonable doubt. The law requires the court to dismiss your charges when this happens.

You can harm someone or put them in reasonable fear for their safety without intending to do so. For example, if you accidentally hit a loved one or throw something at them. You can even cause a family member to fall and sustain an injury without intending to harm them. All these are valid reasons you can give during the trial to demonstrate your innocence for a favorable result.

The Police Compelled Your Confession

The police work very hard to maintain law and order. They arrest suspected offenders and obtain evidence against them to ensure seamless court processes. However, the law regulates their actions to ensure their arrests and investigations are legal. This ensures that any evidence they gather is admissible in court.

People have accused the police of using illegal strategies to obtain evidence. For example, the police have been accused of using threats, intimidation, and violence to force a confession. This illegal strategy should be reported to the court to ensure that only legally obtained evidence is admitted.

If you are a victim of police brutality or an officer tricked you into confessing to the crime, you should let your attorney know. They can use it to push for a favorable resolution in your case. If the prosecutor’s primary evidence is what the police gathered through a compelled confession, they will not be able to prove the case if the judge throws that evidence out of court. The court will dismiss your charges for lack of sufficient evidence.

Find Competent Criminal Defense Services Near Me

Do you or someone you love face charges for the assault and battery of a family or household member in Northern Virginia and Fairfax?

This is a grave crime that can lead to severe and life-altering consequences. A conviction will likely result in a jail or prison sentence and a court fine. The conviction record will remain in your account for a long time, affecting how you find work and make friends. However, you can avoid all this and many other severe consequences by using the best defense provided by an experienced attorney.

At Virginia Criminal Attorney, we know how difficult fighting an assault and battery charge is, especially if the victim is a household member. However, we have the right strategies to compel the court to drop or reduce your charges. Our attorneys will also navigate the legal processes with you and fight for your rights as we push for a reasonable outcome. Contact us at 703-718-5533 to start the legal process with us.