Two police officers stand on your doorstep with a warrant for your arrest on domestic violence charges. Your argument with your spouse last week has escalated into something far more serious than you imagined, and now you're facing potential felony charges that could drastically alter your future.
Chesapeake criminal defense lawyer James E. Short understands the fear that comes with Virginia domestic violence allegations. The difference between misdemeanor and felony charges can significantly impact potential penalties and long-term consequences.
Domestic Violence Laws in Virginia
Virginia law doesn't technically use the term "domestic violence" in its criminal statutes. Instead, these cases are often prosecuted under assault and battery laws with special provisions for family or household members. Under Virginia Code § 18.2-57.2, assault and battery against a family or household member is classified as a Class 1 misdemeanor for a first offense.
Family or household members include current or former spouses, parents, children, siblings, in-laws who live in the same home, individuals who have a child together, and current or former intimate partners who lived together within the past 12 months.
A first-time domestic assault misdemeanor can result in up to 12 months in jail and a fine of up to $2,500. However, certain factors can elevate the charge to felony domestic violence status with much harsher penalties.
Factors That Elevate Domestic Violence to a Felony in Virginia
Several circumstances can transform a domestic violence charge from a misdemeanor to a felony in Virginia.
Prior Convictions
One of the most common factors that elevates domestic violence to a felony is prior convictions. A third or subsequent domestic assault charge within 20 years becomes a Class 6 felony.
For example, if you were convicted of domestic assault in 2018 and again in 2022, a new charge in 2025 would automatically be treated as a Class 6 felony. This carries potential penalties of up to five years in prison or, at the court's discretion, up to 12 months in jail and a fine of up to $2,500.
The prosecutor doesn't need to prove any aggravating factors beyond the existence of prior convictions to secure a felony charge in these cases. The prior convictions themselves are enough to elevate the charge.
Serious Bodily Injury
When domestic violence results in serious bodily injury, the charge can be elevated to malicious wounding under Virginia Code § 18.2-51. This is a Class 3 felony punishable by up to 20 years in prison and a fine of up to $100,000.
During an argument, say John pushes his wife Sarah, causing her to fall and hit her head on a coffee table. The impact fractures her skull and requires emergency surgery. Even if John had no intention of causing such severe injury, the serious nature of the harm could result in felony charges.
What constitutes "serious bodily injury" isn't precisely defined in the statute but generally includes injuries that create a substantial risk of death, cause permanent disfigurement, or result in long-term impairment of bodily function.
Use of a Weapon
Using or threatening to use a weapon during a domestic dispute significantly increases the severity of the charge. This could elevate a misdemeanor charge to a Class 6 felony.
If you brandish a firearm, knife, or other dangerous weapon during an argument with your partner, even without making physical contact, you could face felony charges for assault with a deadly weapon.
Domestic Violence Against Protected Individuals
Virginia law provides additional protections for certain vulnerable individuals, with enhanced penalties for domestic violence against them.
- Pregnant victims. When domestic violence is committed against a person you know is pregnant, it’s considered a Class 6 felony for even a first offense.
- Children under 13. Assault and battery against a child under 13 years of age that results in serious injury can be charged as felony child abuse under Virginia Code § 18.2-371.1, with up to 10 years in prison.
- Elderly or incapacitated adults. Virginia Code § 18.2-369 allows for enhanced felony penalties if an elderly or incapacitated victim suffers serious bodily injury or death.
- Protective order. Any assault and battery against a person protected by a protective order is a Class 6 felony.
Collateral Consequences of Felony Domestic Violence Convictions
Beyond incarceration and fines, a felony domestic violence conviction carries serious collateral consequences that can affect the rest of your life.
- Loss of civil rights, including voting rights, jury service, and firearm possession
- Professional license suspension or revocation
- Employment challenges due to a permanent criminal record
- Housing limitations from failed background checks
- Potential deportation and other immigration challenges for non-citizens
How a Chesapeake Domestic Violence Defense Lawyer Can Help
When facing potential felony domestic violence charges in Virginia, having skilled legal representation is crucial. A Chesapeake domestic violence defense lawyer can:
- Evaluate evidence to identify weaknesses in the prosecution's case
- Identify valid legal defenses such as self-defense or false accusations
- Negotiate with prosecutors for reduced charges when appropriate
- Represent you effectively at trial
- Seek alternative resolutions like deferred disposition or anger management programs