Fairfax Domestic Assault Defense Lawyers
The experienced attorneys at The Sprano Law Firm are among the best domestic violence defense lawyers in Fairfax County. If you have been charged with assault and battery of a family member or any other type of domestic abuse crime in Fairfax County, the experienced and highly respected attorneys at The Sprano Law Firm can help. We have been successfully defending domestic violence cases in Fairfax JDR court for over 20 years.
As a defendant accused of domestic violence in Fairfax, it is important to understand that you will be facing an experienced Fairfax prosecutor who specializes in domestic violence cases. Several years ago, the Fairfax Commonwealth’s Attorney’s Office received a grant to fund two full-time positions for prosecutors who only work on cases involving domestic violence. The complaining witness will be referred to the Fairfax County Domestic Violence Action Center, where they will be provided with special “victim advocates,” among other services to help them through the court process.
With all of the resources of the Fairfax County government arrayed against you, it is imperative to find a domestic violence defense lawyer who is up to the task. By now you have already experienced first hand how the government will exercise its discretion – by placing you in handcuffs and taking you straight to the jail – often based on nothing more than one person’s word against another’s.
You need someone on your side, and that’s where we come in. Our office is right across the street from the Juvenile and Domestic Relations Court in Fairfax City. We are well known and respected by Fairfax County judges and prosecutors alike. We will make sure that your rights are protected, and we will aggressively advocate for your side of the story.
Domestic violence cases in Fairfax County can consist of charges such as Assault and Battery against a Family Member, Strangulation, Abduction, Malicious or Unlawful Wounding, Stalking, or Interfering with a 911 Call. Our criminal defense lawyers in Fairfax have successfully tried all of those types of cases. We are also experienced defending against Domestic Violence Protective Order cases in Fairfax County.
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Please Contact our lawyers today for a free consultation in our office across from the Fairfax County Juvenile and Domestic Relations Courthouse.
For any violent offense to be considered “Domestic”, it means that it must be committed against someone defined as a “family or household member” according to Virginia Code Section 16.1-228.
“Family or household member” means (i) the person’s spouse, whether or not he or she resides in the same home with the person, (ii) the person’s former spouse, whether or not he or she resides in the same home with the person, (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents and grandchildren, regardless of whether such persons reside in the same home with the person, (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person, (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person.
Domestic Assault and Battery in Fairfax County, Virginia is defined by Virginia Code Section 18.2-57.2:
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.
B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.
C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.
D. The definition of “family or household member” in § 16.1-228 applies to this section.
The Felony charge of Strangulation, is defined by Virginia Code Section 18.2-51.6:
§ 18.2-51.6. Strangulation of another; penalty.
Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.
Other Practice Areas:
- Misdemeanor Criminal Defense Lawyers
- Theft and Fraud Crimes Overview
- Violent Crimes Overview
- Domestic Violence
- Fairfax Domestic Assault Defense Lawyers
- Child Abuse and Neglect
- Weapons Offenses
- Federal Criminal Defense
- Juvenile Criminal Defense Overview
- Entrapment Defense – Northern Virginia Criminal Defense Attorney
- Can I get my Virginia criminal record expunged?
The Sprano Law Firm, LLP
Northern Virginia Criminal Defense Lawyers
10603 Judicial Drive
Fairfax, VA 22030
Toll Free: 866-936-5614
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