Attorneys Alex Gordon and Carlos Wall have helped hundreds of clients who have been arrested for domestic assault in Virginia. During our combined 35 years of experience, we have learned a great deal about the processes of Virginia Juvenile and Domestic Relations courts in Fairfax, Loudoun, and Prince William county. Call us for a free consultation at 703.218.8416 or email us at firstname.lastname@example.org to learn more about the consequences and penalties for domestic assault in Virginia.
First offense domestic assault under Virginia Code 18.2-57.2
A first offense domestic assault is a Class 1 misdemeanor. This means you can be sentenced to jail and/or fined. The maximum time in jail is one year and the maximum fine is $2500.00.
Persons convicted of a first offense may be eligible for a deferred disposition under Va. Code § 18.2-57.3. Under that section, the court may find sufficient evidence to find you guilty, but the court may choose not to find you guilty at the time of the hearing. The judge would then continue your case, without finding you guilty, for a period of two years. During that time, you must remain of good behavior and you must comply with whatever conditions the court may impose. Typical conditions will include domestic counseling, anger management, and possibly substance or alcohol abuse treatment.
Effects of a domestic assault conviction on gun owners
How can a conviction for domestic assault effect your ability to own gun or possess a concealed carry permit?
For Virginia residents, even a misdemeanor domestic assault conviction will prevent them from purchasing or transporting firearms. This means that any persons with concealed carry licenses will not be allowed to take the firearms outside of the home. Persons with concealed carry licenses will also lose those permits.
If you are military or require the ability to carry a firearm for your employment, this also means you will be potentially in violation of the law if you carry a firearm if you are convicted of domestic assault in Virginia.
Protective orders have the same effects for Virginia residents.
Please note that under Federal Law, the consequences are harsher than under Virginia law. Please contact Alex Gordon and Carlos Wall for a free consultation to discuss these issues.
Immigration consequences of a Virginia domestic assault conviction
Can a person be deported because of a domestic assault conviction?
A domestic assault conviction in Virginia can also affect a Defendant’s immigration status. Federal law provides that an alien who is convicted of domestic assault may be deported. An alien who violates a protective order is also deportable. (8 U.S.C. § 1227).
Third offense domestic assault under Virginia Code 18.2-57.2
Those persons with two prior domestic assault charges, or other crimes of violence against a family member, face harsher punishment on a third offense that occurred within a twenty-year period. A third offense is a Class 6 felony. A Class 6 felony is punished by up to five years in prison and a fine of up to $2500.00.