Chesapeake Domestic Violence Defense Attorney The Right Attorney Makes All The Difference

Chesapeake Domestic Violence Defense Attorney

Studies show that every year, millions of people are falsely accused of domestic violence. This fact is harmful on many levels. First, the accused can face stiff criminal penalties for a crime they did not commit. Second, the allegations stay on background checks, making it more difficult to secure work or housing. Also, domestic violence is a crime that most people find intolerable. Accusations can ruin your reputation and cause the loss of friendships and family ties.

If you’ve been accused of domestic violence, you need help right away. Our team can help provide a criminal defense for you. You have the right to preserve your innocence and reputation, and we are here to help you exercise that right. Our lawyers have years of experience in various practices. We have the knowledge and skill to prepare a solid defense for your case.

For domestic violence defense lawyers in Chesapeake, trust the team at The Law Offices of Daniel J. Miller. You can schedule time with us online today.

What Defines Domestic Violence?

Violence can happen between any two strangers, so categorizing assault as “domestic” requires certain qualifications. Essentially, “domestic” violence is dependent on the relationship of the people involved.

Domestic violence can happen between:

  • Family Members
    Even if you are estranged from a relative, if a fight breaks out between the two of you, you could be charged with domestic violence.
  • Intimate Partners
    It doesn’t matter if the relationship is long over, and you haven’t seen one another in years. Technically, you could be accused of domestic violence against someone with whom you had a one-night-stand.
  • People Who Live Together
    This can include roommates who have no relationship outside the home.

As you can see, the definition of domestic abuse is much broader than just an abusive wife or husband. Prosecutors can use this broadness against you, making charges more severe. For instance, you could get into a fight with a sibling you haven’t seen in years. The authorities can use your biological relationship to accuse you of domestic violence, even though you have no regular interactions with this person.

Our team is here to help prosecutors stick to the facts. We can help show the court that, even if an altercation did break out, it should not qualify as a domestic violence charge.

Furthermore, we can use our investigative skills to challenge the evidence against you. Our system is designed to convict only when there is no reasonable doubt in a case. If there are holes in the prosecution’s claims, we can help expose them and show that there is reason to doubt your guilt.

Domestic Violence Penalties in Virginia

For a First or Second Offense in 20 Years

Class 1 misdemeanor; up to 12 months in jail; fines up to $2,500

For Three or More Offenses in 20 Years

Class 6 felony; prison between 1 and 5 years; fines up to $2,500

Officer Discretion in Virginia

In our state, officers have the right to arrest you on a domestic violence charge, even if the alleged victim says you are innocent. Police can rely solely on their instincts to make an arrest. Ostensibly, this rule is there to help protect someone who is too afraid to speak up. In practice, however, it can lead to false arrests.

Our team is here to investigate the details of your case and examine the evidence against you. If a case boils down to your word vs. an officer’s gut feelings, we can help expose the clear lack of probable cause. Furthermore, we are prepared to question an officer’s motives. If they appear to be fueled by prejudice, we are not afraid to make this argument in court.

If you’ve been accused of domestic violence in Chesapeake, our team of attorneys is here to help defend you. For a free consultation, call us today at (757) 267-4949, or contact us online.

Every Client Matters

Your Rights Deserve to Be Protected
  • They’re truly the best lawyers in Virginia Beach

    “They’re truly the best lawyers in Virginia Beach”

    - V. Counce
  • Mr. Miller and his team helped me to get my reckless driving ticket dismissed!

    “Mr. Miller and his team helped me to get my reckless driving ticket dismissed!”

    - Mya F.
  • Great legal team.

    “Great legal team. Dan helped me with my divorce several years ago and I refer his office to others I know who need help.”

    - Eddie
  • Mr. Miller and his team have done nothing but great things for me.

    “Mr. Miller and his team have done nothing but great things for me. They are reliable and very friendly to work with. I am truly grateful for Mr. Miller and all the work he did for my case and ultimately getting me the results I hoped for.”

    - Krista S.
  • One of the best lawyers in Virginia Beach!!!

    “One of the best lawyers in Virginia Beach!!! My story didn't seem so promising I was about to get some years but Mr. Miller stepped in and got my case dismissed great guy and great lawyer please use him if u need a criminal lawyer!!!!!”

    - Katy B.
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Case Results

A Track Record of Success
  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Third Offense Petty Larceny Felony Defense

    Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.

  • Possession of Marijuana- Appeal Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.

  • Driving Under the Influence DUI

    Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.

  • Domestic Violence Domestic Violence

    Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.

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Why Hire Us?

We Never Back Down
  • Personalized Attention for Each Client
  • A Proven Track Record of Results
  • Experienced & Knowledgeable Legal Advice
  • Invested in Your Case & Your Success

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Your Rights Don't Wait. Neither Should You.
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