Domestic Violence Charges in Virginia

Assault and battery against a family or household member is a separate offense and a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). It becomes a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine) when the person has two prior convictions for domestic assault and battery, malicious or unlawful wounding, strangulation or similar offenses, committed on different dates within 20 years of each other. When a warrant is issued, the magistrate must issue an emergency protective order (unless the defendant is a minor). Strangulation or suffocation (applying pressure to the neck or blocking the airway without consent, impeding breathing or blood circulation and causing wounding or bodily injury) is a Class 6 felony regardless of relationship.

Virginia's rule on court-appointed lawyers: A person charged with an offense that may be punishable by confinement in a state correctional facility or jail who claims indigency may have counsel appointed. The court determines indigency by oral examination or other competent evidence, reviewing net income, convertible assets and exceptional expenses (a spouse's finances count if living in the household, unless the spouse is the alleged victim). Recipients of a state or federal public assistance program for the indigent are presumed eligible. Counsel must be appointed if available funds are at or below 125 percent of the federal poverty income guidelines for the household size; above that, the court may appoint counsel in exceptional circumstances, stating its reasons in writing. The accused signs a sworn statement of indigence and a written financial statement. Where there is no public defender, counsel is chosen by fair rotation from a list maintained by the Virginia Indigent Defense Commission. Va. Code § 19.2-159

Lawyers set their own fees, and Virginia has rules on how they may charge. See hiring a criminal defense lawyer in Virginia for fee rules, how to check a lawyer's license and free help.

How release before trial works in Virginia: A judicial officer decides bail and, before any bail hearing, must obtain the person's criminal history to the extent feasible. A person held in custody shall be admitted to bail unless there is probable cause to believe that the person will not appear for trial or hearing, or that the person's liberty will constitute an unreasonable danger to himself, family or household members, or the public. The judicial officer considers all relevant information, including the nature and circumstances of the offense, whether a firearm was alleged to have been used, the weight of the evidence, family ties, employment, education or treatment, length of residence and community ties, criminal convictions, court appearance history and failures to appear, likelihood of obstructing justice or threatening witnesses, jurors or victims, pregnancy or recent birth or nursing, bond status on unrelated arrests, and probation or parole status. If bail is granted to a person charged with an act of violence under § 19.2-297.1, the Commonwealth's attorney must be notified. Va. Code § 19.2-120 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Virginia expungement and record sealing rules.