Facing Charges for Domestic Violence in Virginia?
Being charged with an assault on a family member can have severe consequences that can impact your life and that of your family.
Convictions may also be leveraged in divorce and can even result in a permanent criminal record affecting your education, job, housing, reputation, and family and social relationships. You need professional representation. Engage an experienced domestic violence lawyer today.
Cody Villalon has more than a decade of experience successfully fighting for the rights of people like you. Contact him at 804.316.0765 to schedule your free consultation.
Why Choose Domestic Violence Attorney Cody Villalon?
The Reasons are Clear
Facing domestic violence charges? Your future is in jeopardy. Engaging a seasoned domestic violence attorney is perhaps the most important thing you can do.
Cody Villalon is a dedicated solo practitioner who cares about his clients’ well-being.
Some of the reasons why many leverage his expertise include:
- More than fifteen years of experience defending individuals accused of domestic violence
- Deep and thorough knowledge of Virginia domestic violence laws
- An approach that prioritizes hands-on service
- A commitment to regular and respectful communication
- A reputation for providing quality and successful representation.
You can rest assured that Cody will be there for you throughout the entire legal process, addressing your questions and concerns and aggressively fighting to have your domestic violence charges reduced or dismissed.
What Cody Villalon Will Do For You
He Knows How to Protect Your Future
Virginia domestic violence laws are strict, and punishments can be severe. Being arrested and charged with a domestic violence offense doesn’t necessarily mean you’ll be found guilty. With the help of an experienced domestic violence lawyer, you may be able to obtain a favorable plea bargain agreement, reduced charges, or have charges dropped entirely.
As your Virginia domestic violence defense lawyer Cody will:
- Listen to your side of the story
- Examine the police or abuse report, any past history of abuse or complaints, and the evidence available
- Identify mistakes made by the accuser, police, or prosecution in the handling of your case, as well as possible violations of your rights
- Prepare you for all hearings and court appearances
- Ensure that all forms are filed correctly and promptly and that all court appearances and requirements are met.
- Negotiate with prosecutors
- Build your defense
- Litigate, if necessary.
Cody works tirelessly to ensure his clients’ rights are protected. Their well-being is his ultimate concern.
Virginia Domestic Violence Laws and Charges
Understanding Domestic Violence
Domestic violence, an assault on a family member, spousal abuse, spousal assault, child abuse, or family assault, generally refers to imminent or actual harm that one family member inflicts upon another, as well as threats of violence or abuse. Stalking and sexual assault offenses may also be considered domestic violence, depending on the circumstances. Domestic violence falls under Virginia’s assault and battery law (Code of Virginia § 18.2-57.2).
Domestic Assault
Assault involves a threat with the means to carry out a battery, putting a person in reasonable fear of offensive touching, harm, or danger. Battery is the actual infliction of bodily harm.
Physical harm is not the determining factor in domestic assault; the following must occur:
- There was an intent to cause harm.
- The victim had a reasonable fear of imminent harm.
- There was an immediate ability to carry out a threat.
Note, charges of assault and battery are usually pursued by law enforcement only if there was an actual injury, evidence of bruising, or a major emotional trauma to the victim.
Domestic Violence Defense FAQs
Our Domestic Violence Defense Attorney Answers Your Questions
Facing domestic violence charges is frightening; consequences are potentially severe, and concerns are common. Here are some answers to questions Cody Villalon is often asked:
The victim wants to drop the charges. Do I need legal counsel?
Yes, you still need a domestic violence defense attorney. In Virginia, the victim of domestic violence has no right to drop the charges. The Commonwealth may decide to proceed with prosecution and may threaten to charge the victim if they don’t cooperate as a witness.
Who is considered to be a family or household member?
According to the law (Code of Virginia § 16.1-228), a family or household member is defined as:
- A spouse or former spouse, regardless of whether you currently live together
- Immediate family and stepfamily members, including parents, grandparents, siblings, and children, whether or not they reside together
- In-laws who reside in the same household
- Individuals who have a child in common
- Individuals and any children who have cohabited in the past 12 months.
What are possible defense strategies for domestic violence?
Depending on the circumstances, common defense strategies include:
- Lack of evidence of domestic violence
- Incident was accidental
- Incident was in self-defense
- Arresting officers or prosecutors did not proceed according to law
- Defense of others.
What are the consequences if I am found guilty?
For first-time offenders’ penalties may include:
- Probation and receive a deferred finding
- Incarceration of up to 12 months and a fine of up to $2,500
- Restricted contact with the victim
- Influence on where you can live
- Court costs
- Therapy/Counseling
- Domestic Violence Education Classes
- Loss of the right to own or possess a firearm.
Prior conviction penalties are more severe. Three or more convictions within a period of 20 years can result in the elevation of charges to a Class 6 Felony, bringing a potential prison sentence of up to 5 years or up to 12 months in jail and up to a $2,500 fine Government security clearance can be revoked, impacting your job; immigration status may also be endangered.
You may have a host of questions about your own case. Cody Villalon can address them during your free consultation.
Cody Villalon Is Ready Defend You Against Domestic Violence Charges
Contact Him Immediately
As an experienced criminal defense attorney, Cody Villalon is committed to serving those in need in the community and is proud of the work he does. He provides skilled, aggressive legal representation to ensure that his clients are treated fairly when charged with domestic violence.
These charges are severe and have far-reaching consequences.
Often, a seemingly innocent domestic dispute can result in criminal charges for assault on a family member, with significant repercussions.
You must protect yourself and your future. Contact Cody Villalon today at 804.316.0765 for a free, confidential consultation and learn how he can support you.
Client Testimonial
“Cody was very helpful in my situation and was able to get all charges dropped. Cody checked on me frequently leading up to my court. Very confident lawyer with lots of knowledge. Definitely took away a lot of stress associated with my case. I would recommend him to anyone!” – O.D. (Google Review)
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 15 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
