Attorney Daniel J. Miller is a seasoned Criminal Defense & Family Law Attorney in Virginia Beach who approaches every case with experience and integrity.
When you choose The Law Offices of Daniel J. Miller, you can be confident that your Virginia Beach criminal lawyer will provide the effective communication you deserve and the exceptional legal guidance you require at this time.
Have you recently been arrested for a criminal offense? Our criminal attorneys can help you navigate the complexities of the legal system and Virginia criminal court with a sense of ease and confidence. We will walk with you every step of the way and provide you with knowledgeable legal advice and representation. We fight charges of DWI, drug crimes, juvenile crimes, domestic violence, assault and battery, and more.
In the past several years, we have successfully represented clients in protective order hearings, CPS complaints, brandishing of firearms, domestic violence (assault and battery), violation of bond conditions, violation of protective order hearings, child neglect, child endangerment, child abuse, destruction of property, drug possession, breaking and entering and parental kidnapping.
If you are facing charges for any of the above offenses in Virginia Beach, Norfolk, Chesapeake, or any of the Hampton Roads area, do not hesitate to contact a criminal defense lawyer at The Law Offices of Daniel J. Miller today for a consultation. We have financing options available and are ready to assist.
Your rights are time sensitive. It's imperative to seek representation as soon as possible before it's too late.
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Daniel J. Miller""We hear it all the time from our clients. Too many lawyers are in it for themselves, as if they've forgotten why they went to law school. We talk straight and represent our clients with integrity. It's the only way you will be satisfied that you got the best possible outcome — and that's your lawyer's job."
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- Attorney Daniel Miller"
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Atty. Miller is awesome.
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Results Are at the Core of What We Do
Top-Rated Criminal Defense Attorney Protecting Your Rights
Virginia Beach Assault & Battery Attorney
Defense Against Assault & Battery Charges in Virginia
In the minds of many people, an assault conviction on your record puts you in the unfair category of a “violent criminal.”
People often file assault charges out of fear, anger, and even revenge. Perceived threats and accidental contact can be elevated to assault or charges, especially when the alleged victim has an agenda.
Even a fifth-degree battery conviction, the lowest in the state, sends the message that you are dangerous and have a violent temper. If you have been arrested for assault and/or battery, you need to fight aggressively to prevent blemishes on your record.
Schedule your consultation by calling our Virginia Beach assault and battery lawyer at (757) 267-4949 today!
Difference Between Assault & Battery in VA
Assault and battery are two separate crimes. Assault is the fear of imminent personal harm, often through threats, entering someone’s personal space, looming over them, and so on. Non-violent contact can also constitute assault. Spitting on someone or throwing something at a person, for instance, could result in an assault charge.
Battery occurs when a person causes actual, physical harm. This involves kicking, punching, scratching, striking with an object, and so forth.
When a person threatens someone with harm and then follows through with that threat, causing actual, physical harm, the crime is labeled "assault and battery."
Assault and Battery Penalties in Virginia
Although the crimes are technically separate charges, the state uses the same penalties for each.
Standard Assault or Battery
- Class 1 misdemeanor
- Fines of up to $2,500
- Potential jail time of up to 1 year
Aggravated Assault or Battery
If someone commits assault with a weapon, even if they didn’t touch the alleged victim, the charge is elevated, or “aggravated.” The same is true for battery allegations.
- Class 6 felony
- Fines of up to $2,500
- Potential prison time between 1 and 5 years
Penalties become even steeper if the alleged victim suffered serious bodily harm.
Hate Crimes in Virginia
People make all manner of assumptions when they believe they have been victimized. People disagree; tempers flare; and someone is assaulted. In the fog of emotions and adrenaline, an alleged victim may believe they were the target of bigotry.
When the state believes that an assault or battery resulted from a bias against race, gender, or sexual orientation, it can elevate this simple scuffle to a hate crime.
Virginia penalties a “hate crime” assault or battery as a Class 6 felony with a minimum of 6 months in jail.
How We Can Help You
The Law Offices of Daniel J. Miller is a prominent law firm, providing criminal defense for the residents of Hampton and surrounding communities throughout Virginia Beach. Let us stand by your side and guide you through the complex legal system.
Reasons To Choose Our Firm:
- We accept all credit cards.
- We offer military discounts.
- We have 25 years of experience.
- We offer initial case consultations.
- We genuinely care about your success!
- We provide knowledgeable legal advice.
- We give personalized attention to each of our clients.
- We’re reputable and backed by a proven track record.
Our Virginia Beach assault attorney can look beneath the surface of your charges and find the motivation behind the accusations. We do everything we can to prevent a felony charge and work hard to help you get the best possible outcome, including alternatives to jail time.
Set up a free consultation with our team today. You can easily contact us online or call us now at (757) 267-4949.
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Protective Order
Domestic Violence
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape
Sex Crimes
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Protective Order
Family Law
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Driving Under the Influence 4th Offense– Bond Hearing
DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal
Domestic Violence
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor
Felony Defense
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.
Our Virginia Beach criminal defense attorney is dedicated to your case and will keep you well-informed every step of the way. Due to our extensive experience, we know the courts and have a complete understanding of how to successfully resolve your case. Unlike lesser experienced attorneys, we will not needlessly charge our clients’ in order to familiarize ourselves with the principles of the law. Retain our immediate representation today in order to receive the personalized solutions that you deserve. Hiring one firm to take care of various legal situations is usually preferred since sharing information between different firms is often complicated and more expensive. Moreover, you need a criminal lawyer in Virginia Beach who understands the ramifications of convictions and pleas and how to use the trial testimony and cross-examination in the criminal case as a springboard into the civil.
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Personalized Attention for Each Client
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A Proven Track Record of Results
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Experienced & Knowledgeable Legal Advice
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Invested in Your Case & Your Success
Complete our form below or call us at (757) 267-4949.
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