Domestic Assault and Battery Lawyer
Domestic Assault and Battery Lawyer with over 20 years of experience.
Serving Manassas, Woodbridge, Leesburg, Fairfax, Centreville, Gainesville, Warrenton,Dale City, Dumfries, Haymarket, Herndon, Reston,Alexandria and all locations in Prince William County, Fairfax County, Fauquier County, Stafford County, Loudoun County, Culpepper County, and Spotsylvania County.
Domestic violence is treated very seriously by the Virginia court system.
If you have been charged with Domestic Assault and Battery, then you should immediately retain legal representation of an experienced attorney such as James J. McCoart, III.
For over 20 years James J. McCoart, III, has vigorously represented both men and women accused of domestic Assault and Battery.
Sometimes a domestic party has been charged with Assault on another person. Assault is when a person “threatens harm to another.” The threat is words that must be combined with an act which at least appears to be an effort to inflict physical hurt.
Battery is when there has been “the willful or unlawful touching of the person of another by the assailant or by some object set in motion by him.”
Whether the actual touching is a Battery depends upon the intent (mental state) of the accused and does not depend on the actual amount of force.
Further, Battery is committed if the touching was done in a “spirit of rudeness or insult.”
Accidental touching is not Battery.
The Virginia Criminal Code Section for Assault and Battery against a family member or household member is §18.2-57.2. A conviction of this Statute is a Class 1 criminal misdemeanor and, as such, can be punishable by confinement in jail for up to 12 months and a fine of up to $2,500, either or both.
When a warrant is issued for a violation of the Statute, the law requires that the magistrate issue an emergency protective order pursuant to Virginia Code Section §16.1-253.4, unless the accused is a minor.
If you have been accused of domestic Assault and Battery, then obtain counsel with the extensive legal knowledge that is necessary to defend you against this serious charge.
For over 20 years James J. McCoart, III, has represented clients in domestic violence matters. If you are interested in discussing your Domestic Assault and Battery charge with an experienced attorney, then contact The Law Office of James J. McCoart, III, by telephone (703) 369-2734, or by email.