How should my daughter plead for an A&B charge?

Full question:

My daughter punched her husband after listening to him tell her how everything in their bad marriage was her fault. This happened on my property outside the house with no witnesses. He had no marks on him at all. They have been separated for a few months now. He went to the police and filed a charge of A&B and got an order of protection. She was served with a warrant for her arrest and is to appear in court next wk. Her divorce lawyer is telling her she doesn't have a leg to stand on. She has a clean record, is an upstanding professional and is afraid that she will lose custody of her son as well as her job. How should she plead at the arraignment? Should she hire a criminal lawyer and use him for the A&B charge? What can happen to her?

Category: Criminal
Subcategory: Pleas
Date: 04/07/2025
State: Virginia

Answer:

It is advisable for your daughter to follow her lawyer's guidance regarding her plea for the assault and battery (A&B) charge. Consulting with a criminal attorney is also a good option, as they can provide specific advice about her case without charge initially. If this is her first offense, the court may offer probation and potentially dismiss the charges upon successful completion of the probation period. However, if convicted, she could face a Class 1 misdemeanor, which may result in a sentence determined by the circumstances of the case.

According to Virginia law, assault and battery against a family or household member is classified as a Class 1 misdemeanor (Va. Code § 18.2-57.2). If there are no prior convictions, the court may allow her to enter a local community-based probation program, which could include education or treatment programs. Successful completion of these programs can lead to the dismissal of charges without a formal conviction.

Overall, it's essential for her to have legal representation to navigate these proceedings effectively and to protect her interests, particularly regarding custody and her professional standing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

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