Assault and Battery On Girlfriend

My question involves criminal law for the state of: VA

Me and my girlfriend were out at a party a week and half ago. I got into an altercation with some guys that were there. My girlfriend pushed me back and told me to stop and I nodged her over to the side to confront the people. Nothing ended up happening between us(me and the other guys). Eventually everyone left and me and my girlfriend were still there. I had been drinking all night, Im 21, and she was going to be the DD. We left and walked out to my car and got into an arguement about who was going to drive back home and decided that since it was almost 6am it was easier to just sleep in my car. I slept in the passenger side, she slept on the driverside. About 20 minutes later after getting into the car, police arrived. To find out later Sunday, someone from the party called the cops and said they sall me choking my girlfriend. About 30 minutes later, I was yanked out of my car through my window, put in handcuffs, and thrown in the back of a police car. The police spoke to my girlfriend, took pictures, came up and asked me what happened and almost immedeatley after asking me slammed the door. They took me to jail and held me there until I sobered up. I have court on the 24th of September and need to know what to do/what Im facing. My girlfriend told them nothing happened but they said it didnt matter since they had "witnesses". I have court on Wednesday of this week and I dont know what to do. I dont have any money to pay for a lawyer and this is really starting to stress me ALOT, to the point where Im taking my medication 4-5 times a day =X


Also, on my piece of paper it says something along the lines of "assault and battery on a family member/household". Just incase that helps anyone. Im assuming it says that since we live together.


Also, this is what it says in my local newspaper:

1st off of A&B against family member


I have no idea what that means, someone please help me =X

It means first offense of assault and battery against a family member.

§ 18.2-57.2. Assault and battery against a family or household member; penalty a.k.a domestic violence

A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.

B. Upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v)an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.

C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.

D. The definition of "family or household member" in § 16.1-228 applies to this section.

The bolded sections are taken from this site: http://www.srislawyer.com/PracticeAr...LAW-LAWYER.asp

Ya Ive read that. But what is going to happen?

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Quoting DoraTehExploda

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Ya Ive read that. But what is going to happen?

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Sorry, we cannot predict the future.

We can tell you the pertinent statutes, but any other questions are best addressed to your attorney.

Well, there is this part: "Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required."

Im sorry. Basically what Im trying to ask is this:


Why wont they take my girlfriends word on what happened?

Will it help me out if I bring her to court so she can tell them herself nothing happened?

Weve called the local police office, they told us there was no way for her to drop the charges, why is that?


What kind of legal actions am I looking at.. From best case scenario to worse case scenario? I read over the law a few times and it doesnt make any sense to me =X

Thanks!


Also, this is my 1st time EVER in any kind of trouble, not even a speeding ticket!

Hello,

The reason no one will take your gf's word is:

1. they have pictures
2. they have an independent witness
3. those who have been abused often claim they weren't. (it's the nature of the beast.)

You should enroll in anger management as soon as possible (whether you need it or not). That will look good when you go to court.

According to the site referenced below, a class 1 misdemeanor in VA is punishable by up to one year in jail, and up to a $2,500. fine.

The information below is not guaranteed to be accurate, and is cited from: http://virginiacriminallawyers.vatra...sdemeanor.html

"Virginia Code §§18.2-9 through 18.2-11 outline the classification for both felony and misdemeanor offenses. There are four classes of misdemeanor offenses in Virginia. Class three and four misdemeanors are punishable with fines only while class one and two misdemeanors carry a potential one year or six month jail sentence respectively.

"All misdemeanor cases and most felony cases begin in General District Court. It is likely that your first court appearance will be in General District Court and will be for arraignment. In Virginia, you are not required to enter a plea of guilty or not guilty at arraignment. Rather, the purpose of arraignment is simply to notify the accused of the charge, select a court date for trial or preliminary hearing and ascertain whether you will retain, waive or request that the court appoint counsel. In many instances, an attorney may appear on your behalf at arraignment and enter with the court a notice of appearance. This means that the attorney is now the attorney of record with the court and obligated to represent you before the court.

"If you are charged with a misdemeanor, your next court date after arraignment will be your trial date. On your trial date, the judge will hear the evidence presented by the prosecutor including the testimony of witnesses and any documents that the prosecutor may need to get into evidence. At the close of the prosecutor's case, you will also have an opportunity to present your defense by having witnesses testify, placing documents into evidence if admissible and even testifying on your own behalf if advisable by your attorney. Ultimately, the prosecutor carries the burden of proof of guilt beyond reasonable doubt before a judge can find you guilty. In other words, even if you do not present a defense, a judge may still find you not guilty if there is insufficient evidence presented by the prosecutor."

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Quoting DoraTehExploda

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Im sorry. Basically what Im trying to ask is this:


Why wont they take my girlfriends word on what happened?

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Because roughly 70% of DV victims recant their story.

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Will it help me out if I bring her to court so she can tell them herself nothing happened?

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Well, first, you will be charged with violating the protective order.

She will be required to attend court as a witness.

Weve called the local police office, they told us there was no way for her to drop the charges, why is that?

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What kind of legal actions am I looking at.. From best case scenario to worse case scenario? I read over the law a few times and it doesnt make any sense to me =X

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Best case would be no jail time and an innocent verdict. Worst would be jail time as a convicted felon.

dude,
how did things turn out? i am in the same situation, except in loudon county, va. i cant believe my girlfriend couldnt withdraw the charges! i have court this week.
so what happened?

Many cases involving battery of this sort, (i.e. Domestic Voilence) is prosecuted by the prosecutors office. .

It is no longer a case of your girlfriend/wife, etc. vs you, if now The State of XXX vs. you. That's why she cannot drop it; it's not hers to drop. The state will prosecute you on her behalf, whether she wants to or not.