Hampton Roads Criminal Defense Attorney Serving Virginia Beach & The Surrounding Areas

Hampton Roads Domestic Violence Lawyer

Quality Legal Counsel in Hampton Roads

Domestic violence crimes can range from physical to sexual abuse of members of the family or shared household. Emotions typically run high in domestic violence cases and hiring an attorney can be a key step in securing an alternative disposition, such as a first-offender program or the dropping of charges. Depending on the offense, a domestic violence conviction can carry significant jail time.

An experienced Hampton Roads criminal defense lawyer can be the difference between keeping and losing your freedom. Oftentimes, allegations of domestic violence are tied in with an ongoing divorce action, and the outcome of the criminal case can have a tremendous effect on the divorce case. For this reason, you need an attorney who will aggressively attack the allegations against you.

Facing charges for domestic violence? Get the defense you need by contacting us today!

Can You Drop Domestic Assault Charges in Virginia?

In Virginia, domestic violence charges are rarely dropped. The only person that can drop domestic violence charges is the prosecutor. They will only drop the case if the individual says they lied to the officer and open themselves up for filling a false police report, some obstruction of justice charges, or a similar cause.

Necessary Evidence for a Domestic Violence Conviction in VA

When an officer is called the scene of an alleged domestic violence act, they will immediately begin looking for signs of an altercation. Law enforcement does not take lightly to these claims and they will always be on the lookout for evidence that could lead to your arrest. In fact, there is very little evidence needed in order to detain you.

If the arresting officer has a witness statement and signs of injury on the alleged victim, they could cuff you. While this time in your life may be frustrating, it is important to comply by the requests of the authorities and immediately work with an attorney. A legal representative can make all the difference in the outcome of your case.

Assault on a Family Member?

Oftentimes, the victim in the case wants nothing to do with it and simply wants the matter to be dropped. Unfortunately, the charges are not taken out by the victim, but rather by the Commonwealth, and so the victim has very little say about what happens with the case. This is a consistent reality in this field of criminal law.

That being said, there are a few good reasons that Commonwealth's Attorneys do not drop these kinds of charges at the victim’s request. Most obviously, they are concerned that the victim is requesting that the case be dropped because they are intimidated by the defendant. Far more common is the scenario where a couple argued, and tempers escalated, one thing lead to another and one party called the police hoping that they would mediate the argument and then go about their business.

This is fine in theory, but in practice the officers have very little discretion when responding to a domestic call. With exceedingly rare exceptions, when officers respond to a domestic call, someone is leaving in handcuffs. The idea is that the matter will be sorted out in court.

That is where an aggressive domestic violence defense lawyer comes in. Don't assume that because you are charged you need to take some kind of plea agreement. Domestic violence cases in Virginia can be fought and can be won! You need an attorney who regularly practices in this unique field of law and knows what it takes to effectively attack the Commonwealth's case. A good lawyer will use the Commonwealth's own witnesses against them in a way that often means that the defendant never has to present a case at all, because the judge will throw out the charges after hearing the Commonwealth's case.

Give us a call if you are facing a charge of assault on a family member. We will sit down with you, to develop an effective strategy for beating your charge!

Aggressive Representation After an Arrest

The Law Office of Shawn M. Cline, PC has substantial experience prosecuting and defending crimes of domestic violence and knows how to get the best results for your case. Very often the individual making the allegation was actually the aggressor, but the police in their haste to secure the scene arrested the wrong person.

You deserve a tough attorney who is willing to do the work required to present the full picture of the event. When you work with our firm, we will immediately begin review your situation and ensure that your rights were not violated in any manner during the investigation or arrest. We will take into consideration your side of the story and develop an effective legal plan.

Were you arrested for domestic violence? Contact the Law Office of Shawn M. Cline right away and speak with a trusted Hampton Roads domestic violence lawyer.