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Assault Battery

One of the most common cases I see in my office is domestic assault & battery. A husband and wife or boyfriend and girlfriend get in an argument, and one of them ends up pushing or slapping the other one. Alcohol is usually involved. And then one of them calls the police.

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By the time folks come to see me, they’ve calmed down and tell me they just want to drop the charges. But it’s not that simple: once an arrest has been made by the police, the case must proceed to court. Under Virginia law § 18.2-57.2, assault and battery against a family or household member is a class 1 misdemeanor punishable by up to 12 months in jail and/or a $2,500.00 fine. A third or subsequent offense is a class 6 felony punishable by up to 5 years in prison and/or a $2,500.00 fine. And if you’re not a U.S. citizen, a conviction for domestic assault and battery can get you deported from the United States.

There are a number of feasible defenses for an assault & battery charge.

Self Defense – If you acted out of fear that you would be unlawfully harmed by the accuser and there was so way to escape the situation, this may the best defense for you.

Defense of Others – If you acted out of fear that one or more individuals would be unlawfully harmed by the accuser and there was so way to escape the situation, this may the best defense for you.

Defense of Property – If you acted in attempts to protect your home or property from an illegal invasion, this may be the best defense for you.

Consent – If both the accused and the accuser voluntarily consented to a particular act, this may be the best defense for you.

If you do get arrested for domestic assault and battery, pay close attention: an emergency protective order is always issued along with the arrest warrant, usually for 3 days. That means for the first 3 days after you get arrested, you cannot have any contact with the alleged victim. Violation of the protective order is a separate criminal charge, and another ground for deportation from the United States if you’re not a U.S. citizen.

You’re not defenseless – don’t face unnecessary charges and jail time! Give us a call at (757) 464-9224 or contact us online for a free consultation right away!


Related Criminal Immigration Topics: Drug Possession With Intention to Distribute  |  Underage Possession of Alcohol  |  Theft  |  Concealed Weapons Violations  |  Marriage Fraud

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Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

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909 First Colonial Rd., Suite 100
Virginia Beach, VA 23454
  • 757-464-9224
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Our main law office is conveniently located in the Hilltop section of Virginia Beach, near Sentara Virginia Beach General Hospital and Oceana Naval Base.

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