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:
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.
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.