Fairfax Domestic Violence Lawyer

If you are charged with assault and battery of a family or household member, or any other crime of “domestic violence” in Fairfax County, Virginia, finding legal defense representation is critically important. Our Fairfax domestic violence lawyers are prepared to fight on your behalf and equipped to give you the legal counsel you need to make wise decisions about your case. Contact an experienced lawyer in Fairfax today.

Working with a Fairfax Domestic Violence Attorney

When police respond to an alleged domestic dispute, they are often forced to make a subjective decision about whether or not to make an arrest and whom they should arrest. Their conclusions may be drawn based on conflicting statements by involved parties, by apparent injuries, and by other circumstantial factors.

Even after the situation is de-escalated and those involved have no desire to take legal action, an arrest may still lead to a criminal charge. It is not the offended party who decides whether a case will go forward after arrest, but the Fairfax County prosecutor assigned to the case.

People are charged with domestic abuse for all kinds of reasons: a minor altercation in which neither party is seriously injured, a disagreement leading to mutual physical contact, intervention by “witnesses” who may not understand what they saw or heard, and even outright false allegations of domestic violence.

However, any attempts to speak with police and clear up any misunderstandings often have the opposite effect. Instead of clearing your name, your statements are used against you.

Do not speak with police investigators about the alleged incident or the case. Instead, call a Fairfax domestic violence lawyer at our firm who can help protect your rights and aggressively defend you against the charge.

Domestic Assault and Battery in Fairfax, Virginia

Under Virginia Code Section 18.2-57.2, domestic violence is termed assault and battery against a family or household member. Because of the definition of “family or household member” in Section 16.1-228, a person can be charged with domestic violence even if the alleged incident involves someone other than a spouse or child, including:

  • Spouse or estranged spouse
  • Ex-spouse
  • Parent or stepparent
  • Child or stepchild
  • Sibling or half-sibling
  • Grandparent
  • Grandchild
  • An in-law who resides in the same home
  • Anyone who shares a child in common
  • Anyone who has lived in the same home within the past year

Like simple assault and battery, domestic assault and battery is typically a Class 1 misdemeanor on the first offense. In Virginia, Class 1 misdemeanors have a maximum penalty of one year in jail and a fine of up to $2,500.

Repeated convictions of domestic violence, or cases where there are serious injuries, can lead the charge to be enhanced to one of the following felonies:

  • Felony assault and battery of a family or household member
  • Unlawful wounding
  • Malicious wounding
  • Aggravated malicious wounding
  • Malicious bodily injury by means of a caustic substance, explosion, or fire
  • Strangulation

Felonies, depending on their severity, can carry a maximum prison sentence of five years, all the way to life in prison in the most serious cases.

Regardless of the severity of the charge you face, there is hope for a favorable outcome. Our Fairfax domestic violence lawyers are committed to protecting defendants’ rights and fighting for the optimal outcome.

Domestic Violence Defense in Fairfax County

If you have been arrested for assault and battery of a family or household member, or any other crime involving domestic violence, do not hesitate to get legal representation. Call for a risk-free consultation with a Fairfax domestic violence attorney to begin exploring options for your defense.