Fort Belvoir Violent Crime Defense Attorney
No one wants to be accused of committing any violent crime. Either assault or battery, or severe offenses like murder or sex crimes, the penalties can be life-changing if you are proven guilty by the courts. If you are in this situation, it is recommended that you reach out to a trusted Fort Belvoir, VA violent crime defense attorney who can help you out. The Law Office of Kimberly Stover, PLLC is here for you and ready to jump in your defense.
The Virginia Code has a comprehensive description of how the courts will review each crime committed in the state. However, certain crimes overlap with one another, and one can be charged with two different crimes at the same time. If you are not familiar with the code, it can be hard to determine what legal remedies can be used to clear your name or request a lenient sentence. Virginia also considers one’s previous convictions, making it difficult to independently plan for a strong defense.
The Law Office of Kimberly Stover, PLLC will be able to assess your situation once you reach out to us. We can also provide the right legal assistance and representation. We will review the evidence presented against you and your stance to see what legal remedies can be done. You will also get all the resources and tools to help you prepare for your case, as well as help you keep up with the trial. We are ready to answer your questions and be your staunchest representatives in court.
Call The Law Office of Kimberly Stover, PLLC at (703) 810-3571 for your Free Case Evaluation with an Fort Belvoir Violent Crime Defense Attorney!
Types of Violent Crimes in Fort Belvoir
The Virginia Code highlights all the crimes that are considered violent crimes. If found guilty of any of these crimes, one will face penalties corresponding to the crime’s severity and prior convictions. Having a trustworthy Fort Belvoir violent crime defense attorney can explain how the Code defines these crimes and build the defense that can help anyone accused to get a lighter sentence or dismissed case.
Down below are the most common violent crimes that appear in the courts of Virginia, including Fort Belvoir:
- Assault and Battery
Assault is an act where a person commits an act to harm another person, and they will able to do such an act, building a sense of fear in the victim. Meanwhile, battery is the act wherein a person willfully touches another person without justification or legal excuse and is done in an insulting, angry, or vengeful manner.
- Domestic Violence/Family Violence
Domestic violence/family violence happens when a person abuses a family member and those they are in a close relationship with. The abuse can range from physical to financial abuse, and often, it has persisted for a long time, disabling the victim from reporting the abuse.
- Stalking
Stalking is also considered a violent crime, especially if it causes fear of assault, injury, and death. This crime can also be applied if the stalking also expands to the victim’s family or household members.
- Unlawful Wounding
Unlawful wounding involves stabbing, cutting, wounding, or shooting another person with the intent to permanently disfigure, disable, or kill the victim.
- Malicious Wounding
Malicious wounding is more serious than an unlawful wounding case. This crime happens when the act is done with malice and causes serious injury.
- Strangulation
For a person to be guilty of strangulation, the person should have the knowledge to apply the right pressure to the person’s neck and impede their breathing and blood circulation and have the intent to do it. Out of all the violent crimes, strangulation is a new statute.
Domestic Violence Charges and Penalties
Under the Virginia Code, domestic violence or family violence is defined as “any act that involves the use of threats, force, or violence directed by an individual to a member of his or her family, thereby resulting in physical injuries.” It can also be described as the abuse of a person, usually a family member or those with whom the suspect has a close relationship. The victims could also be their former spouses, in-laws who live in the same household, or their partners whom they share children with.
Domestic violence can come in various forms, from emotional abuse. sexual abuse, physical, and economical abuse. The offender would also persist in their behavior to conduct these abuse their victims, slowly removing their will to fight against them.
The penalties for domestic violence in Virginia will depend on the criminal history of the defendant. If this is their first or second time to be convicted, they will be charged with a Class 1 misdemeanor conviction and will face penalties of a 1-year prison sentence and fines up to $2,500. If the act were committed for a third or subsequent time within ten years from the second conviction, it would be considered a Class 6 felony. The defendant will face a sentence of one to five years in prison. They will also be fined up to $2,500.
Criminal Law Defenses
When you are charged with any type of violent crime, you can use one of many different legal defenses to help you fight for a reduced sentence or dismiss the case. However, since each case is different, these defenses should still be tweaked to match the case. Hiring the help of a legal team you can trust can make this easier as they can determine the best defense strategy for your case and modify it accordingly.
If you are charged with a violent crime, you can be quite flexible regarding the defense or defenses you can use to strengthen your legal strategy.
Here is a short list of defenses we can use for your case regardless of the charges against you:
- Innocence
- Constitutional Violations
- Insanity
- Self-Defense
- Defense-Of-Others
- Involuntary Intoxication
- Mistake of Fact/ Mistake of Law
- Duress/ Coercion
- Necessity
- Statute of Limitations
Our Fort Belvoir, VA criminal law firm can guide you through these legal defenses and help you personalize them to build your solid defense. We will do our best to fight for it in court and negotiate for the best outcome possible.
Virginia Criminal Defense Process
Virginia has a very straightforward criminal justice process that enables defendants to plan their defense accordingly with the help of a legal team. Whether it is your first time facing these charges or it is your newest charge, it is important that you can keep up so that you are ready for any possible outcome and decide the best legal action for the legal team to work with once they represent you in court.
Here is a quick rundown of the criminal justice process in Virginia:
- Arrest
An arrest can either be done immediately by a police officer if they see the crime done before them or done after a warrant of arrest is ordered by the court or a magistrate.
- Booking
When a person is arrested, they will be brought to the nearest prison and detained until they are asked to appear before a judge or magistrate. During this detainment, their fingerprints and photographs will be collected for the police’s records.
- Bond or Bail
After the arrest, the defendant is brought before a judge or a magistrate, who will then determine if the defendant can post for bail or bond. This is not granted if the crime committed does not allow any bond to be posted and if the court determines that the defendant is a danger to society or they will flee the state or country.
- Arraignment/Advisement/First Appearance
An arraignment is the next step that happens after a bond or bail hearing. During this time, the defendant is told of their charges and their right to get representation. The court can assign a legal team for the defendant if they still do not have one. This is also the time for the defendant to waive the right to counsel if they wish. The court will then schedule the next court session, which can either be a preliminary hearing if it is a felony case or a trial for a misdemeanor charge.
- Preliminary Hearing
A preliminary hearing involves the court reviewing the case presented by the prosecution and determining if there is probable cause for the charges and if it should be forwarded to a trial. If there is probable cause, the case will be referred to a grand jury, who will then determine if the case should proceed. An indictment will be ordered if there is probable cause to continue the case. The case will be dismissed if there is no probable cause.
- Trial
For misdemeanor charges, a bench trial or a trial without a jury is held, and the judge will be the factfinder to determine if the defendant is guilty or not. Felony charges, meanwhile, call a jury or bench trial. A felony trial begins with a jury selection, and both sides will be able to present their evidence and witnesses. Cross-examination is allowed to support their arguments.
Once the defense and the prosecution present their case, the judge or jury will deliberate for the verdict. If the defendant is guilty, a sentence will be delivered. There will be a possibility that the judge or jury may be unable to reach a verdict, which can occur if the evidence and witnesses do not provide them with the right information they need to make the decision.
- Appeal
If the defendant believes that the ruling judge did make an error in their ruling, an appeal can be made. When this happens, the appellate courts will take over to review the appeal and the trial proceedings. Any misdemeanor charge heard in the General District Court allows defendants to request an appeal. The Circuit Court will handle the review and start a new case.
There are cases wherein criminal cases end early without going to trial or an appeal. Depending on the case and the defendant’s history, the case may end with a plea offer or when the judge rules that the case is a non-starter.
Our Fort Belvoir, VA criminal law firm will ensure that you can follow the criminal process and have all the resources you need to make the right legal decision. You can also trust us to represent you in court and fight for the best possible outcome. We will also make sure that you have legal support from start to finish and answer any legal questions you may have.
Let’s Talk Now – Free Case Evaluation
Don’t wait until you are facing the judge to seek legal advice and representation, especially if you are accused of committing a form of a violent crime.
Contact our Fort Belvoir violent crime defense attorney at The Law Office of Kimberly Stover, PLLC when you get a notice from the court immediately, and we’ll check the case before providing you with the right legal service. You can trust our legal team to make the entire process easy to understand and give you all the helpful tools and resources to help you make the right legal decisions.
Learn more about our criminal defense service today through our Free Case Evaluation service. One of our criminal defense attorneys will be in touch to get you started in the process. We look forward to helping you with your legal situation.
Call The Law Office of Kimberly Stover, PLLC at (703) 810-3571 for your Free Case Evaluation with an Fort Belvoir Violent Crime Defense Attorney!