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  1. #1

    Default Assault On A Family Member In Virginia

    Hello, I have some questions, but here is the story first.. Me and my boyfriend were arguing/fighting over past relationships and in the process of it all he was scratched and was poked in eye. He called the police simple to just have one of us removed for the evening, but when they showed up they saw the scratches and red, teary eye. The one police officer than told the other that I was the primary aggressor and took to the station. Mind you, my boyfriend kept telling the officer he didnt want me to go. They said it was out of their hands. We they took to the police station and I went before the magistrate, and he ended up just sending us home. Well the next day I got a call and it was a detective telling me I had to turn myself in b/c of the night before incident. I did just that, and went before a different magistrate where she sent me home on OR. Now I have a court date set for early July, and my question is what is my chance of going to jail for a class 1 misdemeanor VA crime code ASL-1315-M1 and code section 18.2-57.2 (never have done anything wrong in my life, no criminal record of any sort obviously) and I am a productive member of society (ie, go to college fulltime, work full time, take care of my children) My boyfriend didnt even want it to go this far, and he feel horrible now. He said if he had known they would take someone, he wouldnt have even called. Also, what do you think might happen when I go to court in early JUly? Thank any answers would be helpful.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Assault On A Family Member In Virginia

    Q: my question is what is my chance of going to jail for a class 1 misdemeanor VA crime code ASL-1315-M1 and code section 18.2-57.2?

    A: Go to the court you are supposed to be in before you have to go. Watch some of the other people who are charged with domestic violence and see what happens to them.

    Most jurisdictions take this very seriously since most police officers are injured or killed in situations just like the one you created.

  3. #3

    Default Re: Assault On A Family Member In Virginia

    Hi, k, well this wasn't done intentionally...you make it sound like I am some abuser or something. I am not!! I was pointing my finger to get my point across and got him in the eye as he was trying to move...but my question is even for my first offense they would be that hard?..I have been reading up on assault for a first offender and I didnt gather what you you stated as a first offender. So, I have a very good chance of facing jail time then? No diversion program? probabtion? suspended jail time?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Assault On A Family Member In Virginia

    Virginia's domestic violence statutes are summarized here.
    Quote Quoting Virginia Statutes § 18.2-57.3. - Persons charged with first offense of assault and battery against a family or household member may be placed on probation; conditions; education and treatment programs; costs and fees; violations; discharge.
    Following the finding of facts that would justify a finding of guilt, the court may order the defendant be placed in a local community-based probation program if such program is available.

  5. #5

    Default Re: Assault On A Family Member In Virginia

    Okay, here is an update...we went to court in ealy July, and I have to do Anger management classes, while I do my anger management I will be on active probation, then once my classes are done it will become inactive for 2 years..07/2009. If I can "behave" myself until then in July 2009 the charge will be dismissed.

  6. #6
    Join Date
    Nov 2009
    Posts
    12

    Post Re: Assault On A Family Member In Virginia

    Hi, I have the same problem. My wife and I had an argument and I through a plastic bottle (not to hit her) to stop the argument. The bottle hit her hand and caused a cut to her finger, 3 stitches. I was arrested and a court date scheduled for next month.
    How long is the anger management course?
    Does anger management mean to be on active probation?
    Can I leave the country if to be found guilty and put on probation?
    What are my chances of getting the case dropped?
    I do not have any criminal record.

    Please help.

    Thanks,
    John

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