Virginia Criminal Defense Lawyer
There is no denying, based on available statistics, that domestic violence is a serious issue in Virginia, however, it is also true that not all domestic violence accusations are true.
A Virginia criminal defense lawyer knows that these types of accusations can be used as a weapon against a person in other legal matters, such as child custody cases. If you have been accused of domestic abuse, our legal team can help defend against these charges depending on the circumstances and facts of your particular case.
What Is Domestic Violence?
Under the law, a person can be charged with domestic violence if they have been accused of any of the following:
- Hair pulling
- Interfering with the personal liberty of another
- Name-calling and put-downs (emotional abuse)
- Sexual violence
- Threatening or committing violence against the victim’s pet
- Threatening violence
In order for an act of violence to be deemed domestic abuse, the act must be perpetrated on a victim who is related to the accused abuser in one of the following ways:
- Family member related by blood
- Former spouse
- People who live together in a common dwelling
- People who used to live together in a common dwelling
- People who have a child together
- People who date
- People who used to date
How Can I Defend Against These Charges?
If you have been arrested for domestic violence, you may not believe that anyone, even a criminal defense lawyer Fairfax VA clients recommend, will be able to defend you against these charges. The truth is that there are many possible defenses against domestic violence. There are many cases where violence is not just a one-sided situation and the person who has been arrested was actually acting in self-defense against the person who is now claiming to be the victim. If there is evidence that you were protecting yourself against violence being perpetrated on you, that can be used as justification for actions you took against the alleged victim.
Another possible defense is if you were protecting a third party against harm from the alleged victim. For example, if the person accusing you was going to harm a child in the home and you were forced to use violence to stop them and protect that child, your attorney can use that as an argument as to why the charges should be dropped.
Even if none of these scenarios apply, it is important to remember that the prosecution must prove their case beyond a reasonable doubt. If there is not enough evidence to show you committed an act of violence, the charges may be dismissed, or you could be found not guilty.
No matter what the circumstances were, if you have been arrested for domestic violence, contact Copyright Dave Albo – Attorney to schedule a free and confidential consultation with a Virginia criminal defense lawyer to find out what your legal options for defending against these charges are.