Va Code Domestic Assault - Attorneys Alex Gordon and Carlos Wall have helped hundreds of clients who have been arrested for domestic assault in Virginia. In our 35 years together, we have learned a great deal about the juvenile and domestic relations court process from Virginia to Fairfax, Loudoun and Prince William County. Call us for a free consultation at 703.218.8416 or email us at thegordonlawfirm@gmail.com to learn more about the consequences and penalties for domestic assault in Virginia.
The first offense of domestic assault is a class 1 felony. This means you can go to jail and/or pay fines. The maximum prison term is one year and the maximum fine is $2,500.00.
Va Code Domestic Assault
A person convicted of a first offense may be eligible for a suspended sentence under the Va. Code § 18.2-57.3. Under this section, the court can find enough evidence to convict you, but the court can choose not to convict you at trial. The judge will then pursue your case, without convicting you, for a period of two years. During this period, you must be of good conduct and comply with any conditions imposed by the court. Common measures include home counseling, anger management, and possibly drug or alcohol treatment.
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How can a domestic assault conviction affect your ability to own a firearm or hold a concealed carry permit?
For Virginia residents, even a domestic assault conviction will prevent them from buying or registering a gun. This means that people with a concealed carry permit are not allowed to carry their guns outside the home. People with concealed carry permits will lose those permits.
If you're in the military or your job requires the ability to carry a firearm, that also means you could be breaking the law if you carry a firearm if you're convicted of domestic assault in Virginia.
Note that under federal law, the consequences are more severe than under Virginia law. Please contact Alex Gordon and Carlos Wall for a free consultation to discuss these issues.
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A domestic assault conviction in Virginia can also affect your immigration status. Federal law states that aliens convicted of domestic assault may be deported. Foreigners who violate protection orders can also be deported. (8 U.S.C. § 1227).
People with previous convictions for domestic assault or other domestic violence crimes face stiffer sentences for a third offense within two decades. A third offense is a class 6 felony. A class 6 felony carries a penalty of up to five years in prison and a fine of up to $2,500.00.
We can help you and your family in these difficult situations. Call us for a free consultation at 703.218.8416 or email us at thegordonlawfirm@gmail.com today. The Virginia break and enter charge under Va. Code §18.2-91 criminalizes trespassing and entering another's property with intent to steal, assault, and assault, or other crimes not listed in Virginia. Code §18.2-90 (murder, rape, robbery, arson). Offenses can be committed by entering at night, breaking in day or night, or entering and hiding.
This Virginia break and enter charge can be made by entering a public place with intent to commit robbery, assault, or any other felony. There was a break and enter in Virginia according to Va. §18.2-91 code was created when incorporated
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Evidence of breaking and entering in Virginia with intent to commit theft, assault and battery, or any other felony under Code Va §18.2-91
Convicting an offender of breaking and entering in Virginia with intent to commit robbery, assault and battery or other crimes under Virginia law. Code §18.2-91, Commonwealth must prove if night entry, break and enter, or entry and concealment; the house is the house of others; and the entry was made with intent to commit robbery, assault, or other crime.
A violator can be convicted of breaking and entering in Virginia under Va. Code §18.2-91 by breaking into another's dwelling at night with intent to commit assault.
Another way an offender can be convicted of breaking and entering in Virginia under §18.2-91 is breaking and entering another's dwelling during the day or entering at night with attempted theft , assault and battery or other crimes.
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Entering a dwelling or house and concealing it with intent to commit robbery, assault and battery or other felony is an alternative to a conviction for breaking and entering in Virginia under §18.2- 91. Access to places open to the public
Penalty for breaking and entering in Virginia with intent to commit theft, assault, or any other crime under §18.2-91
Read and enter Virginia with intent to commit theft, assault and battery or other crimes under Virginia. Code §18.2-91 is punishable by up to 20 years in prison and a fine of up to $2,500. If the burglary was carried out with a deadly weapon, it is a Class 2 felony, punishable by up to 20 years to life imprisonment and a fine of up to $100,000. A deadly weapon is a deadly or serious weapon. physical injury. For more information on what is considered a deadly weapon in Virginia, click here.
Entering and entering Virginia with intent to commit suicide, assault, and battery or other crimes (Va. Code §18.2-91)
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If a person commits any of the acts described in §§ 18.2-90 with intent to commit theft, or any crime other than murder, rape, theft, or arson in violation of §§ 18.2-77 , 18.2-79 or § 18.2-80, or if a person commits any of the acts described in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, is guilty of lawful robbery, shall be punished with imprisonment in a public institution not less than one year not more than twenty years or, in the discretion of a judge or court without a jury, imprisonment for not more than twelve months or a fine not exceeding $2,500, or both. However, if the person was armed with a deadly weapon at the time of entry, they are guilty of a class 2 felony. You will have the option of receiving compensation and bail. Pre-trial release and conditions or amounts that must be posted for bail. Depending on your situation, you may be released "On your own recognizance", which means that you do not have to post bail to be released. The amount of the deposit may still be displayed, which will be applied to you if you do not show up or do not comply with the conditions of the deposit and the deposit.
Virginia Code 19.2-120 lists crimes or long-standing circumstances where there is a "presumption against" Bond, which must be overcome. These include:
3. Violation of § 18.2-248, 18.2-248.01, 18.2-255 or 18.2-255.2 (Manufacturing, Distributing Narcotic Offense) involving a Schedule I or II controlled substance if (i) the maximum penalty of imprisonment is 10 years or older and the person has a previous conviction of a similar offense or (ii) the person has a previous conviction of being a “drug kingpin” as defined in § 18.2-248;
4. Violation of § 18.2-308.1, 18.2-308.2 or 18.2-308.4 (certain firearms offences) and related to firearms and is subject to a mandatory minimum penalty;
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5. Any felony, if the person has been convicted of two or more of the offenses described in Section 1 or 2, either under the laws of the Commonwealth or similar laws of the United States;
6. Any felony committed while the person is on parole awaiting trial for a crime under federal or state law or on parole pending execution or execution of sentence or sentence or conviction on hold ;
7. An offense listed in Subdivision B of § 18.2-67.5:2 (Sexual Assault) and the person has a previous conviction for an offense listed in § 18.2-67.5:2 or similar offenses under the laws of the state or United States and the judicial officer finds probable cause to believe that the person now charged with one of these offenses committed the offense charged;
8. Violation of § 18.2-374.1 or 18.2-374.3 (Child Pornography) where the offender has reason to believe that the person sought is under the age of 15 and the offender is at least five years older than the person sought;
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10. Violation of §§ 18.2-36.1, 18.2-51.4, 18.2-266 or 46.2-341.24 (Drunk Driving and Related Offenses) and the person has been convicted three times in the last five years of the offense - right away. different dates for violating any of these sections of the Code, or any ordinance of any county, city, or town or the laws of any other state or country.
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