Legal Question in Criminal Law in Virginia

Re: Misdemeanor Assault and Battery

All very good questions, which the defense counsel which you (hopefully) should have by now will be in the best position to answer.

Re: Misdemeanor Assault and Battery

1. Will you have a record if convicted? Yes. Assault and Battery is a Class One Misdemeanor in Virginia which carries with it a maximum of twelve months in jail and a maximum of a $2500 fine. A charge such as yours which is probably Domestic Assault (18.2-57.2) can be dismissed even though the evidence is sufficient if the defendant goes through an anger control course approved by the Court. Whether a judge does that is entirely discretionary with the judge. The best course of action is to have a discussion with the Commonwealth's Attorney before trial and see if this is something he or she would offer. Even if unavailable or in a regular assault conviction (18.2-57) first time assault usually carries a minimum sentence even if aggrevated circumstances. I have seen worse cases get up to sixty days in jail.

2. Will I have a jury? Not at first. Only felonies are initially brought to a jury. This is a misdemeanor so you must first have a trial in General District Court where a judge sits without a jury and makes all the decisions his or herself. If you do not like the ruling you can appeal to the Circuit Court in that county or city and ask for a jury trial or a trial before the Circuit Court judge alone.

3. Is there anyway this can be avoided? The decision to bring a criminal charge is up to the Commonwealth Attorney alone. Any pre-trial agreement must go through that office. Once issued, even the decision of the Commonwealth Attorney to dismiss a charge has to be heard in open court on the day assigned.

Needless to say the best way to get the best results is to hire the best lawyer you can afford.

Good luck.

Re: Misdemeanor Assault and Battery

It appears you are charged with assault and battery against a family member. This is different than assault and battery against a third person. I do not have all the facts to your case. I would guess you start off in juvenile and domestic court. You should hire an attorney.

Sheryl Shane, Esq.