Roanoke Criminal Defense Lawyer Handling Virginia Domestic Violence Cases
The subject of domestic violence leads to extreme emotions. These emotions are why prosecutors aggressively pursue charges and judges show little patience for those who are convicted. It is important to understand, however, that domestic violence is the criminal charge prone to be based on false allegations. Such false claims are typically made by parties who attempt to gain an advantage in child custody proceedings or wish to simply “get even” with their former significant other – the list goes on regarding motives in filing false allegations of domestic battery. A defendant must take the allegations seriously – even if they are false. Retaining an experienced attorney is vital to building an effective defense. Cerid Lugar is a Roanoke criminal defense lawyer who has been licensed since 2008. She understands the impact that a criminal conviction can have on one’s life and she prides herself on providing the highest levels of representation. Contact our office today to schedule an initial consultation. We also service Salem and other southwest Virginia areas.
Attorney assisting Roanoke and Salem, Virginia residents who face domestic violence charges
Domestic violence occurs whenever someone commits assault and battery against their spouse, a relative, or another member of their household. A first offense is charged as a class one misdemeanor and carries a penalty of up to twelve months in jail. The charges are elevated, however, if a weapon is involved or, if the victim suffers serious bodily harm. A third offense is charged as a class six felony and carries a potential jail sentence of up to five years in prison. Additionally, anyone convicted of domestic battery is prohibited from possessing a firearm under Virginia law and 18 U.S.C. 922(g).
A case begins with the defendant being arraigned. A trial date is most often set at arraignment should an attorney already be involved, if not, an attorney advisement date will be set. The case can hinge on whether the violence is proven and, if found, whether the accused acted in self-defense. Defense counsel will acquire the police reports, witness statements, and other evidence which the prosecution is required to provide pursuant to the Brady decision. Counsel will visit the scene of the incident, if possible, and conduct a thorough investigation. The investigation will include collecting evidence which may show that the alleged violence did not occur. Examples of such evidence can be proof that the defendant was actually in a different location as well as correspondence and other items showing that the alleged “victim’s” conduct is inconsistent with one who was just assaulted. If a resolution is not reached, then the case will proceed to trial. At trial, the rules of evidence are observed and it is crucial that you retain a trial lawyer familiar with handling such matters and trial related issues.
Our Roanoke attorney handles both misdemeanor and felony domestic violence cases. Cerid Lugar has been licensed since 2008 and is an experienced litigator. She uses your initial consultation to hear your side of the story and to help you understand what to expect as the process moves forward. She obtains all required discovery and will also acquires any relevant records of pending family law proceedings. Cerid files a all necessary Motions with the Court and works to exclude any statements which are gained in violation of the defendant’s Miranda rights. If a resolution (a fair plea agreement) cannot be reached, then she will not hesitate to prepare your case for trial. If violence did occur, then Cerid will argue that you were acting in self-defense. If the violence did not occur, then she will present all available evidence to the Court. Our firm understands the impact that a conviction can have on your future. We will give your case the attention it deserves.
We also serve the cities of Cave Spring, Salem, the Botetourt County city of Hollins, the Bedford County cities of Bedford and Forest, the Franklin County city of Rocky Mount, and the Montgomery County cities of Blacksburg, Christiansburg, and Radford.
Roanoke lawyer staying in regular communication with those facing domestic assault charges
If you have been accused of domestic assault, then you have enough to worry about. Being able to reach your lawyer should not be a problem. Cerid makes attorney-client communication a priority. She quickly responds to messages and makes sure that your questions are answered. We are honored to serve those in Roanoke and southwest Virginia. We take this responsibility seriously.