Assault and Battery are serious criminal offenses in Virginia. Assault and Battery are charged as misdemeanor offenses and one can be given a substantial fine and a lengthy jail sentence. In most cases of domestic violence assault charges involves married couples in a heated argument where tempers are shortened and irrational thinking dominates. A small argument sometimes leads to a domestic violence assault charge.
Any “unwanted touching” can lead to a domestic assault charge. When police investigation is called by victim-spouse in a domestic abuse, the officers arrive and search for any signs of an assault or unwanted touching. Polices investigates both parties and any statement indicating a push or slap, throwing of an object, or something more serious results in one of the individuals being arrested with a charge of domestic assault.
In a majority of cases, when parties think about the situation and their love for each other, they want to leave the matter and move on with their routine life. However, once an assault or battery charge has filed up by the police, the victim-spouse can no longer control the case. Many individuals charge with domestic assault belief that if the complainant wants to drop the charge, it can be dropped. However, this is not the case for domestic violence assault in Virginia and this mistaken belief can lead one to serious punishment. In Virginia, the case of domestic assault or battery is prosecuted by the Commonwealth Attorney and the decision to go forward with a hearing, drop the charges or negotiate a plea is not in the hands of the victim-spouse but in the hands of Commonwealth Attorney. In other words, if you have been charged with a domestic assault or you have been a victim of domestic violence, but you want to resolve the issue, and things have settled down between the two of you, you would not be able to drop the charges easily. In cases of domestic violence, the decision of whether the prosecution must go forward to not with the trail is in the hands of Commonwealth attorney.
You might wonder why dropping an assault or battery charge is not in your hands when it is entirely your issue. In Virginia, the language on warrant of arrest charge says “By signing this order of arrest, the officer or the complaining witness gives up the ability to drop the charge later and only the prosecutor or the judge can drop the charge”
This important footnote remains unnoticed when someone is asked for domestic violence charges. However, the warrant is presented to the magistrate when one request to bring down the charges and the case is handled over to the Commonwealth.
The Commonwealth is considered to work in best interests of everyone. They evaluate each aspect of case in great detail and decide whether or not it should be prosecuted. The alleged victim’s input is a factor they consider while deciding to go forward, however, they are not bound with the choice of alleged victim to go forward with the case.
In short, if you wish to drop assault and battery charges in Virginia you might be faced with a lot of trouble and may not find appropriate lawyer to help you in the case. The SRIS, P.C. Maryland & Virginia attorneys can provide you legal advice and help in your case in move along in your life without any worries.
For specific legal help for dropping Assault and Battery charges in Virginia contact SRIS Law Group right now.
Call us at- 888-437-7747