Assault & Battery

Assault & Battery

Graduate Student Accused of Assault and Battery, Destruction of Property - NOT GUILTY / DISMISSED

Our client, a foreign national attending a local university as a graduate student, was accused by her ex-boyfriend and his mother of assault and battery and destruction of property. Additionally, the two alleged victims obtained preliminary protective orders against her and were seeking full two-year permanent protective orders. Their attorney offered to dismiss all charges and the protective order if our client withdrew a complaint she had filed against her ex-boyfriend at school - our client refused this offer, and we took the case to trial. The ex-boyfriend and his mother accused our client of stalking the ex-boyfriend, as well as attempting to stab the mother with a knife, grabbing their arms, and striking and kicking his vehicle, supposedly causing several dents. At trial, the alleged victims testified and were cross-examined extensively on numerous inconsistencies. Additionally, our client testified. At the close of the "prosecution's" evidence, the judge GRANTED our motion to strike the destruction of property charge on the basis that no evidence was submitted of damage, thus that charge was DISMISSED. After a nearly three and a half-hour trial, the judge found our client NOT GUILTY of the two charges of assault and battery. After an additional hearing on the protective orders, the judge DENIED the ex-boyfriend and mother's requests for protective orders and instead ordered that our client must simply post an unsecured peace bond for a period of time.

Navy Chief Charged with Domestic Assault - NOLLE PROSSE 
A Navy Chief with over 17 years of active duty service contacted our firm immediately after being charged with the domestic assault of his wife in Virginia Beach. Once we were retained, we made contact with the prosecutor who was assigned to prosecute the case. During this discussion, we noted our client’s background, as well as relevant mitigating factors and other issues with the prosecution’s case and discussed our concerns with the prosecutor. During this call, the prosecutor agreed to NOLLE PROSSE the charge, which allows our client to have the charge expunged from his record.

Lieutenant Navy Commander Charged with Domestic Assault - NOLLE PROSSE 
A Lieutenant Commander in the U.S. Navy, with over 21 years of active-duty service, retained our firm after being charged with the domestic assault of his wife in Virginia Beach. His wife called the police, and told them that our client had punched her in the face, neck and arms. Minutes after being retained on the case, we contacted the prosecutor assigned to the case and advised them of the facts of the situation, as well as our client's background, and the fact that our client's wife wished for the charge to be dismissed. The prosecutor immediately agreed to NOLLE PROSSE the charge against our client.

Woman Charged with Two Misdemeanors and Two Felony Charges after Domestic Dispute with Boyfriend - NOLLE PROSSE and ALL JAIL TIME SUSPENDED 
A woman retained us after being charged in Chesapeake with several offenses stemming from a domestic dispute with her then-boyfriend. The police responded to the apartment after the dispute. Upon their arrival, our client was upset due to the situation, and the officer's treatment of her. She left the residence after the officer's spoke to her – one of the officers whom supposedly stated that she was not supposed to leave. She got into her vehicle while one officer was next to her door and the other was on the sidewalk at the front of her vehicle. Upon backing out, though she didn't strike either officer with the vehicle, she accidentally rear-ended another car parked in the parking lot. She was charged with the two class-1 misdemeanors of Resisting Arrest and Hit and Run, as well as two felony offenses of Assault of a Law Enforcement Officer – each carrying a mandatory minimum confinement time of 6 months in jail, and up to 5 years in prison. Due to the nature of our client's employment, it was imperative that she not be convicted of any felonies, and not receive any jail time. We had obvious concerns about the Commonwealth's ability to prove the assault on the officer's, and addressed those concerns with the prosecutor. After lengthy discussions, and the owner of the damaged vehicle not showing up, the prosecutor agreed to NOLLE PROSSE both felony offenses, NOLLE PROSSE the misdemeanor hit and run charge, and amend the resisting arrest to the misdemeanor of obstruction of justice, with ALL JAIL TIME SUSPENDED.

Domestic Assault & Battery Charge - PROSECUTION DID NOT PURSUE THE CASE 
A woman who was prior-enlisted Army, and who was planning on enlisting in the Navy, retained our firm after being charged with the domestic assault and battery of her husband in Virginia Beach. Immediately upon meeting with our client and assessing the case, including her version of the events and photographs, we established that her allegedly biting her much-larger husband twice was the clear result of self-defense. We contacted the prosecutor and relayed our concerns with the case, and the prosecutor quickly responded that he was going to NOLLE PROSSE the charge against our client.

Assault & Battery Charge - CHARGE SET TO BE DISMISSED 
We were retained by a man who was charged with and convicted of misdemeanor assault and battery in Juvenile and Domestic Relations court in Virginia Beach. It was alleged that he had struck a young boy while playing football with a group of kids at his apartment complex. After negotiations with the prosecutor, at the appeal trial date we were able to secure a GENERAL CONTINUANCE, where, after a period of six months, his charge will be DISMISSED and EXPUNGMENT ELIGIBLE.

Domestic Assault Charge - CHARGE SET TO BE DISMISSED 
A sailor assigned to the DEVGRU SEAL command was charged with domestic assault of his wife in Norfolk. The facts of the case were difficult to address, yet we proceeded with extensive negotiations with the prosecutor. The prosecutor advised that she had never authorized a general continuance in a case of this magnitude, which would allow for a dismissal and expungement of the arrest record. However, after presenting our client's service record and major implications of a deferral or guilty finding, the prosecutor relented, agreeing to a GENERAL CONTINUANCE, after which the charge will be DISMISSED and be eligible to be EXPUNGED from our client's record.

Assault Charges - NOT GUILTY 
A young professional couple retained us after being involved in an altercation at a hotel at the Virginia Beach Oceanfront. Our clients initially pressed charges against six of the people who assaulted them, and then those parties subsequently pressed charges against our clients. After a long trial in district court, the judge found our clients NOT GUILTY of all charges, and found all but one of the opposing parties guilty of assaulting our clients.

Domestic Assault - NOT GUILTY 
A young man retained our firm after being charged with the domestic assault of his girlfriend in Norfolk. The prosecutor refused to entertain any discussions to resolve the case prior to trial, even upon receiving a letter from the accuser wherein she spoke to her mental illness and admitted she caused the injuries to herself. After a very brief trial, the judge found our client NOT GUILTY.

Domestic Assault - CRIMINAL CHARGES NOT PURSUED 
Our client, an E6 in the Navy with 19.5 years of active duty, was charged in Virginia Beach with assaulting his juvenile son and his wife. Our client was engaged in a bitter separation from his wife at the time, which likely led to the charges being filed. Prior to trial, we provided the prosecutor with text messages in which our client's wife made statements to the effect that she would lie in court. Both charges were thereafter NOLLE PROSSED.

Shipyard Worker - Assault on a Police Officer - CHARGES REDUCED & DISMISSED 
A shipyard worker retained our firm after being charged with two counts of Assault on a Law Enforcement Officer (Class 6 felonies; each carrying a mandatory minimum confinement of 6 months), Public Intoxication, Resisting Arrest, and Trespassing. It was alleged that after refusing to leave a bar in Newport News he was kicked out, and in the parking lot he subsequently ran from officers, whereby upon being placed into custody he punched a patrol officer and Sergeant in the face. At the preliminary hearing we were able to get the prosecutor to come to terms on a plea agreement in which the two felonies were REDUCED to misdemeanor Assaults, he plead guilty to the Public Intoxication, and the two remaining misdemeanors were DISMISSED, with only a short period of active incarceration to be served on weekends.

Army Private First Class - Assault & Battery on a Police Officer - CHARGE DISMISSED 
A young Army Private First Class was arrested and charged in Virginia Beach for Assault and Battery of a Police Officer, Public Intoxication, and Underage Possession of Alcohol. If convicted of the felony assault charge, he would have had to serve a mandatory minimum six months of confinement, and up to five years in prison. Any conviction on either alcohol offense would also have had lasting effects on his future with the Army. 

Factually, our client and a fellow soldier were drinking at the oceanfront when the other soldier allegedly assaulted a citizen. Virginia Beach Police were called to the scene, and a bicycle officer was the first to respond. Immediately upon his arrival at the scene, our client’s co-defendant allegedly assaulted the police officer, slamming his head into the pavement with enough force to crack his helmet, and also allegedly choked the officer with his helmet strap. Our client had fled the scene prior to the officer’s arrival, and was pursued by other officers. Upon catching up to our client, the officers stated that our client turned around and squared up at them by clenching his fist, and thereby “manifested an intent to assault” the officers. As a result of this alleged action, our client was pepper sprayed and charged with the two misdemeanors and the felony. 

It was apparently mistakenly believed by all those involved – the prosecutors and our client’s command – that our client was the primary aggressor and his co-defendant was the one who fled the scene, and our client was initially denied bond. After appraising our client’s First Sergeant and the prosecutor of the actual sequence of events, the prosecutor agreed to a very reasonable bond and our client was released from confinement. We immediately instituted discussions with the prosecutor on resolving this matter favorably to our client, whereby the prosecutor agreed to nolle prosse the felony assault charge but would not agree to any disposition of the alcohol charges. 

At the preliminary hearing, the prosecutor NOLLE PROSSED the felony assault on a police officer charge, and we were left to argue to the judge on the disposition of the alcohol charges – both of which were clearly substantiated by the facts of the case. After hearing testimony from our client, his father, our client’s First Sergeant, and our argument, the judge agreed that to find our client guilty of the alcohol charges would be the wrong result, and thereby DEFERRED the charges for a period of one year, after which the remaining two charges will be DISMISSED.

Assault & Battery - CHARGE DISMISSED 
A sailor aboard a locally-based Navy ship retained us to represent him in Norfolk Juvenile and Domestic Relations Court on charges of Assault and Battery against a Family Member and Violation of a Protective Order. His girlfriend had accused him of grabbing her and shoving her to the ground, thereby leaving bruises on her arms; and the following day he returned to the apartment to retrieve personal property in violation of the 72-hour Emergency Protective Order (EPO). Our client provided us with several photographs showing scratching injuries sustained by him from various incidents, including the date of his alleged assault on his girlfriend. After initially unsuccessfully attempting to persuade the prosecutor to dismiss the Assault charge, we proceeded to court prepared to try the case. On the day of trial, we provided copies of the injuries to our client to the prosecutor, spurring her to begin offering a list of plea agreements, each one better than the prior. She initially offered that our client accept a deferral/finding under advisement on the Domestic Assault charge, which we summarily rejected, as there would be no benefit to accepting such an offer due to the likelihood that even if the Court found the evidence sufficient to convict our client, he would likely end up with a deferral anyways. In addition, the Navy, as do all branches of the military, views a deferral as one in the same with a conviction, so such an outcome would have proved disastrous for our client’s career. The prosecutor next offered a deferral to a Simple Assault (not a Domestic Assault), which we also rejected due to his career. We were finally able to secure a GENERAL CONTINUANCE of one year on the Domestic Assault charge, which will have no effect whatsoever on our client’s Navy career. After that one year, if all terms and conditions are satisfied by our client, that charge will be DISMISSED. The judge, upon a Nolo Contendere plea to the Violation of a Protective Order charge, DISMISSED that charge as well, leaving our client with NO CONVICTIONS, and NO DEFERRAL.

Assault & Battery - CHARGE DISMISSED 
A Petty Officer First Class in the United States Coast Guard was charged with assault and battery of his wife and retained the law firm of McCormack & McCormack to defend him against this charge. He was alleged to have pushed his spouse to the ground and choked her. At the conclusion of the trial, the judge DISMISSED the charge.

Assault & Battery - CHARGE DISMISSED 
We were retained by a woman who was charged with assault and battery against a household or family member stemming from an alleged confrontation with her husband. Our client was interested in enlisting in the U.S. Army, and a domestic assault conviction would have been a bar to her enlistment. At court, we were able to get the charges NOLLE PROSSED.

Assault & Battery - CHARGES REDUCED - NO JAIL TIME 
Our client was arrested and charged with felony third offense assault and battery on a family or household member (domestic assault). The evidence against him was compelling, to include photographs of injuries sustained by the complaining party as a result of the alleged assault. Although domestic assaults are generally Class 1 Misdemeanors, a third charge after two prior convictions is a Class 6 Felony, carrying upon conviction between one and five years in state prison. After extensive dealings with the Assistant Commonwealth's Attorney, the charge was REDUCED to second-offense domestic assault, a misdemeanor, and NO ACTIVE JAIL TIME was ordered.

Assault & Battery / Obstruction of Justice - CHARGES DEFERRED & DISMISSED 
Two college-age brothers retained the law firm of McCormack & McCormack upon their arrests in Virginia Beach for several charges. One brother was charged with drunk in public, illegal possession of alcohol by a person under 21, possession of a fake ID, and obstruction of justice; his brother was charged with assault and battery. All four charges against the one brother were DISMISSED, and the assault charge against the other brother was DEFERRED, which, after a period of good behavior will be DISMISSED.

Assault & Battery - CHARGE DISMISSED 
Our client was charged with assault and battery against a family member based upon allegations that he repeatedly struck his father on the head. Facing twelve months in jail, our client was offered a plea deal of a deferral, which we refused due to his maintenance of a security clearance. At the close of the Commonwealth's evidence, we made a motion to strike the Commonwealth's evidence as insufficient to support a finding of guilt. The judge granted our motion and DISMISSED the charge against our client.

Assault Against a Family Member - CHARGES DISMISSED 
A shipyard worker with a security clearance retained our firm to defend him against a charge of assault and battery against a family member. His girlfriend had called the police after an alleged altercation which resulted in her sustaining a bloody nose. Looking at serious implications to his security clearance upon either a conviction or deferral, a guilty plea was never an option for our client. After the Commonwealth concluded its case, we moved for the judge to strike the Commonwealth's evidence as insufficient to support a finding of guilt, which the judge granted, DISMISSING the charge against our client.

Assault & Battery - Carrying Concealed Weapon - NO JAIL TIME - NO PROBATION 
Our client, a former member of the United States Navy, was charged with two counts of carrying a concealed weapon (.40 caliber hand gun and brass knuckles), assault and battery, and brandishing a firearm, stemming from accusations that he pushed a woman and pointed the firearm at the torso of another individual. All offenses are Class 1 Misdemeanors, each punishable by up to one year in jail and a $2,500 fine.

The prosecutor offered several plea bargains, both with our client pleading guilty to the assault and battery and brandishing a firearm charges: First she offered one year in jail on each, with six months suspended on each charge. The active six months on each charge would have to have been served consecutively, with our client serving one year in jail, coupled with supervised probation, and anger management classes.

We refused this offer, and she next offered one year in jail on each charge, with nine months suspended on each charge. Again, the active three months on each charge would have to have been served consecutively, with our client serving six months in jail, along with supervised probation and anger management classes. Again, we refused this offer and proceeded to trial. The prosecutor agreed to NOLLE PROSSE the two concealed weapons charges at the start of trial.

After lengthy testimony and stern cross-examination of the prosecution witnesses, and testimony of our client and another defense witness, the judge found the defendant NOT GUILTY of the assault charge. Our client was found guilty of the brandishing charge, and the prosecutor argued that he receive an active jail sentence, but he was ordered to pay a fine only, and NO JAIL time and NO PROBATION were ordered.

A locally-stationed Navy sailor retained us after being charged with domestic assault and violating a protective order in Norfolk. His wife called the police after allegedly being hit by him multiple times, pushed down, and sustaining bruising on her body, and he was charged with violating the Emergency Protective Order for returning to their apartment the day after he was charged with the domestic assault. After flat-out denying the prosecutor's offer for a deferral on the domestic assault and a guilty plea to the violation of the protective order, we ultimately succeeded in securing an agreement wherein our client received a one-year GENERAL CONTINUANCE on the domestic assault charge (allowing the charge to later be expunged), and the protective order violation was DISMISSED by the judge after a brief hearing.

A former marine hired us after being charged with the domestic assault of his wife in Newport News. His wife called the police after they had gotten into an argument after our client had been drinking, and he returned from the bedroom carrying a handgun and threatening to shoot anyone who comes to the house. At trial, we effectively forced the police officers on cross examination to admit that there was no assault of his wife. After a motion to strike, the judge DISMISSED the charge.

We were retained by an Army Captain after she was charged with assaulting her partner by choking her in their home in Newport News. After presenting our client's position as well as some exculpatory information to the Commonwealth's Attorney, we were able to secure a GENERAL CONTINUANCE. After several months of good behavior and completion of a military anger management course, the charge was DISMISSED, whereby it will be able to be expunged from her record.

A locally-based military pilot retained our firm after being accused of domestic assault by his wife in Virginia Beach. Through working with the prosecuting attorney in the matter, we were able to secure a GENERAL CONTINUANCE of the charge, after which time the charge was DISMISSED. This highly-unusual resolution allows for our client to have the charge expunged from his record, as well as protects his prestigious career.

We were retained by an enlisted Navy sailor after he was charged with the felony offense of strangulation and felony failure to appeal. His failure to appeal charge came after his prior attorney had advised him that he did not need to appear for a continuance while he was in port in Georgia when his submarine collided at sea with another Navy vessel. The strangulation charge arose when he was trying to get a female to leave his apartment and she refused. The prosecutor initially offered a plea to misdemeanor assault with a period of active incarceration, due to photographs showing purported injuries to the complainant's neck. After extensive negotiations with the prosecutor, our client ultimately plead guilty to the REDUCED misdemeanor assault charge, with NO ACTIVE INCARCERATION, and the felony failure to appear charge was NOLLE PROSSED.

Our client, a Petty Officer First Class in the U.S. Navy, was originally arrested for a domestic assault, an emergency protective order (EPO) was issued, and he was released on bond. Two days later he was arrested again after allegedly trying to run his spouse off the road and assaulting her in a fast food restaurant. In all, our client was charged with two counts of domestic assault, reckless driving, violating a protective order, and attempted malicious wounding, a class 5 felony. After negotiating with the prosecutor, we were able to secure an agreement whereby the felony charge was NOLLE PROSSED, the two domestic assault charges were DEFERRED, and our client plead guilty to the reckless driving and protective order violation charges, with only twelve days of active incarceration.

A Master Sergeant with more than 22 years in the Marine Corps retained us after being charged with numerous offenses stemming from a domestic incident wherein it was alleged that he pulled a weapon on his significant other, cause an accident involving an injury and left the scene, and ran from the police. He was charged with brandishing a firearm, reckless handling of a firearm, possession of a concealed weapon, felony hit and run, felony eluding, and felony failure to appear after a miscommunication with his prior attorney. The facts were stacked against our client, in part due to his statement to law enforcement, and up until the day of the preliminary hearing, the prosecutor was unwilling to offer a plea agreement without a plea to felony hit and run. After refusing such an offer as it would brand our client a convicted felon, the prosecutor agreed to a deal in which the felony failure to appear and eluding were NOLLE PROSSED, the felony hit and run was REDUCED to a misdemeanor, and the plea to the misdemeanors resulted in minimal active confinement. Additionally, we were able to secure a lengthy delayed reporting to jail in order for our client to secure his retirement with the Marines.

We were retained by a Marine Corps Sergeant with 20 years of active duty after he was charged with felony strangulation and domestic assault from an incident with his young son. While out on bond, he was subsequently charged with making a false statement on a firearm purchase form, a felony, as well as another misdemeanor charge. Our client then had his original bond revoked and spent the next three months in confinement prior to his trial date. Due to the new charges coming while he was on bond for the prior offenses, the prosecutor took a hard line on the case and initially refused to cap any active incarceration period that the judge may impose. Shortly before the trial date, the prosecutor agreed to a plea in which the misdemeanors were DISMISSED and the period of active incarceration would be CAPPED at one year in jail. At the conclusion of the guilty plea hearing, we requested that our client be released on bond pending his sentencing hearing so that he may finalize his retirement from the Marines.

Over the commonwealth's objection, the judge GRANTED our motion for bond and our client was released, during which time he retired with an honorable discharge. The sentencing guidelines called for a period of incarceration between seven months and one year and four months, and our client had spent three months in jail prior to being released on bond. The prosecutor asked for one year in jail – the maximum sentence the judge could impose. After submitting an impressive sentencing package on behalf of our client, consisting of his military evaluations, awards, and character letters, we asked the judge to sentence him to three months of active incarceration, the equivalent of the amount of time he had already spent behind bars. The judge subsequently sentenced our client BELOW THE LOW END OF THE SENTENCING GUIDELINES, to three months in jail – TIME SERVED.

Our client was initially charged with a domestic assault against his girlfriend, which resulted in documented injuries to her body. After we secured his release on bond, he was rearrested a short time later for another domestic assault on his girlfriend. He was granted a bond by the magistrate on the second case, but the prosecutor subsequently moved for the judge to revoke his bond on the original charge because he violated the strict no contact provision of the bond. After the prosecutor's argument to the judge that our client's bond should be revoked – it was a strong argument based upon the facts – we argued the opposite. The judge DENIED the prosecutor's motion and re-released our client on bond.

We were retained by our client after she was charged with malicious wounding. The factual scenario of the allegations was that our client and her friend had a dispute with her ex-boyfriend. The two of them went to meet him, where a physical confrontation ensued. Our client's co-defendant threw a knife at the ex-boyfriend as he had his back turned to him, and the knife stuck in his back. Prior to the preliminary hearing, the prosecutor consistently refused to offer any plea agreement to our client. At the preliminary hearing, we, along with counsel for the co-defendant, intensely cross-examined the victim on numerous inconsistencies in his statements to the police and text messages he had sent to our client. Immediately after the exhausting cross-examination – and in the middle of the preliminary hearing, the prosecutor advised the judge that she needed some time to speak to her boss about the case. Shortly thereafter, she returned and offered a plea the REDUCED charge of misdemeanor assault and TIME SERVED.

A Navy E-6 with nearly 20 years of service retained us after being accused by his wife of assaulting her. As with all domestic assault cases in Virginia Beach, the prosecutor initially refused to dismiss the charge per office policy. On the trial date, we provided to the prosecutor a copy of text messages our client's wife sent to him shortly before the trial, wherein she stated essentially that she is a good liar. After speaking to the prosecutor regarding these issues, the prosecutor immediately moved to NOLLE PROSSE the charge, over the objection of our client's wife.