Is Domestic Violence Always a Felony?

Facing domestic violence charges is often overwhelming, especially when you are unsure whether authorities will charge you with a felony. A conviction can bring life-changing consequences, from jail time to a permanent criminal record that affects your future. Understanding how Virginia law classifies these cases is crucial, and our legal team at Randall, McClenney, Daniels & Dunn, is here to help you navigate the legal system, answer the question, “Is domestic violence a felony?” and fight for the most favorable possible outcome.

What is Domestic Violence?

Family violence, as Virginia law refers to domestic violence, is abusive behavior toward any household member. It includes physical harm, sexual assault, and rape. It can also include technological actions or threats and patterns of coercive behavior that one uses to influence another person, usually in an intimate relationship.

In Virginia, is Domestic Violence Considered a Felony?

A domestic violence offense can be a misdemeanor or a felony, depending on factors such as:

• The severity of the incident
• The extent of the injuries inflicted
• The use of a deadly weapon
• The offender’s prior criminal record
• Violations of protective orders

What is the Difference Between Misdemeanor and Felony Domestic Violence?

Whether the police charge someone with a misdemeanor or felony for domestic violence depends on several factors, as outlined above. For example, assault and battery is a Class 1 misdemeanor offense. However, if the alleged abuser has two previous convictions for the following criminal offenses against a family member, it becomes a Class 6 felony:

• Assault and battery against a family member
• Causing wounds while committing assault and battery
• Aggravated malicious wounding
• Malicious bodily injury using a substance
• Strangulation

What Factors Elevate Domestic Violence to a Felony?

Several factors can elevate a misdemeanor domestic violence to a felony, including using a weapon or substance and causing bodily injury. Prior convictions and violating protective orders in committing domestic violence can also turn a misdemeanor into a felony.

Can a Domestic Violence Charge Be Reduced to a Misdemeanor?

It is possible to have felony charges dropped to misdemeanor charges or even have the charges dismissed altogether.

What Defenses Exist Against Domestic Violence Charges?

Domestic violence charges are serious, and they can often result in consequences that affect you for the rest of your life. Some of the defenses against domestic violence charges include:

• Wrong jurisdiction
• Lack of evidence
• False accusations
• Accident
• Self-defense
• Provocation

These defenses are only effective depending on the specific evidence, facts, and jurisdiction of the case.

How Do Prior Convictions Impact Domestic Violence Cases in Virginia?

If the offender has prior convictions, these convictions can influence the severity of the current domestic violence charges and the outcome of any potential sentence.

What Are the Consequences of a Domestic Violence Conviction?

Alleged offenders convicted of domestic violence could see penalties, including jail time, fines, and mandatory counseling. A conviction, even a misdemeanor, can follow the offender around for the rest of his or her life. Some consequences of a conviction include:

• Challenges in securing employment
• Limitations on child visitation
• Possible denial of custody

A conviction can also harm personal relationships with friends and family.

What is the “First-Offender” Program in Virginia?

If you’re navigating a domestic violence charge in Virginia, the First-Offender Program may offer a path to avoid conviction and receive rehabilitative support. Available under § 18.2‑57.3, this program allows first-time offenders charged with assault and battery against a family or household member to have their case deferred while completing probation, counseling, and other court-ordered conditions. If successful, the charge is dismissed without a conviction, though it stays on record and cannot be expunged. If the terms are violated, the court can enter a conviction without the right to appeal. That said, the program is complex and heavily dependent on court discretion, working with a qualified criminal defense attorney is essential to determine if it’s the right option for your situation.

How Do Restraining Orders Work in Domestic Violence Cases?

A restraining order, also known as a protective order, is a legal document that is binding upon the person it is against. A magistrate or a judge can issue a restraining order to protect the health and safety of a person who alleges a spouse or other family member is abusive. The person who files the protection order is the petitioner, and the receiving person is the respondent.

If the accused breaks the restraining order, the alleged victim only has to call the police to arrest the alleged abuser. If evidence shows that the alleged abuser broke the restraining order, penalties are usually harsher.

Related Article: How to Get a Restraining Order in Virginia

Violation of Protective Orders and Enhanced Penalties

The alleged abuser can face more serious charges with enhanced penalties, especially where a violation of a protective order occurs. Penalties for domestic violence include:

• Class 1 misdemeanor: Offenders may face up to 12 months in jail and fines of up to $2,500.
• Felony charges: If the violation involves stalking, assault, or a third or subsequent offense, it may become a felony, leading to harsher penalties.
• Mandatory jail time: Some violations carry mandatory minimum sentences, especially for repeat offenders.
• Additional criminal charges: Violating a protective order can also lead to additional charges, such as contempt of court or related offenses.
• Restraining order extension: The court has the authority to extend or modify the existing restraining order.
• Impact on gun rights: A conviction could result in restrictions on firearm ownership under federal and state laws.

Related Article: What to Do if You’re Served with a Restraining Order

What Should Someone Do if Falsely Accused of Domestic Violence?

If someone falsely accuses you of domestic violence, you should:

• Contact a criminal law attorney immediately, even before being served with any legal papers.
• Gather evidence that supports your innocence. This may include legal documents, police reports, work records (proving you were at work at the time of the alleged incident), and other documents that can show you did not abuse the alleged victim.
• Avoid violating any protective orders that may be in place.

Related Article: Can You Press Charges Against Someone for Making False Accusations?

Should I Hire a Criminal Defense Attorney if My Spouse Accuses Me of Domestic Violence?

You should absolutely retain a criminal defense attorney if your spouse accuses you of domestic violence. An experienced criminal law attorney can guide you through the process if your spouse serves you with a protective order. Even if your spouse threatens you with a restraining order, an experienced criminal lawyer can provide legal advice and guide you in protecting your rights.

Why Choose Randall, McClenney, Daniels & Dunn?

At Randall, McClenney, Daniels & Dunn, PC, we pride ourselves on our extensive experience in handling a wide range of legal cases, including domestic violence and family law matters. With a combined 85 years of legal practice, we bring a wealth of knowledge and courtroom experience to every case. We are deeply rooted in our community, fostering strong relationships with local judges, prosecutors, and law enforcement, which enhances our ability to navigate the justice system effectively.

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Charged With Domestic Violence? Build Your Defense with Us Today

If someone accused you of domestic violence, a criminal defense attorney who has experience in domestic violence cases can guide you through the process, including protecting your rights and defending you in court. Randall, McClenney, Daniels & Dunn, PC can guide you through the process and provide legal advice. Contact an experienced family lawyer at our law firm by calling 757-742-6115 or completing our online contact form.