McClain Rosenthall Davis, PLLC understands how a domestic violence charge can turn your life upside-down. In the heat of the moment, a family fight can cross the boundaries from verbal to threating to physical. Unfortunately, it’s all too common that things escalate. If you are accused of domestic violence, you need immediate representation from a lawyer who is focused on protecting your rights now and into your future.
Our lawyers review and consider every detail of your situation, including the charges you face, your criminal history and your goals before offering advice on the defense strategy that offers the best chance of success.
We offer aggressive defense representation to clients facing domestic violence charges in the Northern Virginia area. Depending upon the circumstances, we try to negotiate the best possible plea situation to keep you working and getting counseling if needed. It’s important to know that you do have options, including:
In most situations, prosecutors are willing to negotiate the charges against you and allow you to plead guilty to less than full charges. We are aggressively skilled at negotiating in all criminal matters and will only recommend that you agree to a plea if it is in your best interest all around. Otherwise, we will not hesitate to recommend that you move forward with a trial.
If we cannot negotiate favorable terms with the prosecuting attorney, we will take your case to trial. At trial, we present evidence that shows you are innocent, that officers acted illegally during your arrest or that your rights were violated. We have experience in all local courtrooms, and have negotiated with local prosecutors and tried cases in front of most area judges.
Whether this is your first or subsequent domestic violence charge, you are entitled to a defense and a presumption of innocence.
Under Virginia law, a domestic violence charge is a form of assault and battery and prosecutors charge people under a separate state code section. The law states that if someone commits assault and battery against a family member, it is a Class 1 misdemeanor. The state treats a first-time domestic violence charge essentially the same as a first-time assault and battery.
The difference, and hence the separate code section, is how the state treats repeat offenders. Potential incarceration time increases dramatically and a third charge can become a Class 6 felony. Additionally, state law authorizes police officers to make an arrest without a warrant in domestic violence cases, stalking or when someone violates a protective order, if there is probable cause.
A conviction for domestic violence or under any of the related code sections can have drastic consequences for your life. It is extremely important that you consult with an experienced attorney immediately when you are accused or charged.
McClain Rosenthall Davis, PLLC is committed to defending you and helping Northern Virginia residents obtain the best possible legal solution. Learn more about your legal options and how the process works. Email us to schedule a consultation today or call (703) 356-2442 | (703) 934-0101.
