What’s Next, After Being Charged with Domestic Assault and Battery in Norfolk, VA?

Domestic Assault and Battery Is Not Only Against One’s Spouse

Many people frequently believe that only one’s spouse can be a domestic assault victim. However, under Virginia law, other family and household members can be domestic violence victims too.

Section 16.1-228 defines family or household member as “(i) the person’s spouse, whether or not such spouse resides in the same home with the person; (ii) the person’s former spouse, whether or not such person resides in the same home with the person; (iii) the person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person; (iv) the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside in the same home with the person; (v) any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time; (vi) any individual who cohabits or who, within the previous 12 months, cohabited with the person, and any children of either of them then residing in the same home with the person; or (vii) an individual who is a legal custodian of a juvenile.”

Domestic Assault and Battery in Norfolk, VA and everywhere in VA is taken very seriously by the Courts.

Generally in VA, domestic assault and battery is charged as a misdemeanor under section 18.2-57.2 A of the Code of Virginia, 1950, as amended, which states, “Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.”
However, under 18.2-57.2 B of the Code of Virginia, 1950, as amended, one can be charged with a felony “upon a conviction for assault and battery against a family or household member, where it is alleged in the warrant, petition, information, or indictment on which a person is convicted, that such person has been previously convicted of two offenses against a family or household member of (i) assault and battery against a family or household member in violation of this section, (ii) malicious wounding or unlawful wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, (v) strangulation in violation of § 18.2-51.6, or (vi) an offense under the law of any other jurisdiction which has the same elements of any of the above offenses, in any combination, all of which occurred within a period of 20 years, and each of which occurred on a different date, such person is guilty of a Class 6 felony.”

Attorney Anthony Montagna, III in blue suit sitting on a leather couch in an office with a lamp and colorful rug.

Anthony L. Montagna, III is widely regarded as one of the top domestic‑violence defense attorneys in Norfolk—and here’s why:

Three Decades of Criminal Defense Experience

1993, Anthony has built a robust career in criminal defense, including numerous cases involving domestic assault and battery under Virginia Code § 18.2‑57.2
U. S. Supreme Court .

Aggressive, Thorough Advocacy

thorough case preparation and courtroom presence, which clients describe as “aggressive” and “tenacious.”
He takes complex cases seriously and “thinks outside the box” to build strong defenses

Local Roots & Community Connections

Norfolk Academy and is deeply connected to the Hampton Roads legal community
Norfolk Circuit and the Norfolk Juvenile and Domestic Relations District Court

High Client Satisfaction & Reputation

He has received over 200 five‑star reviews on platforms like Google, AVVO, and FindLaw
get domestic assault charges dismissed or significantly reduced, as well as his clear communication and personal approach

Comprehensive Legal Services

custody, support—a major asset when domestic violence allegations intertwine with family-law issues.
free initial consultation, military, first responders, teachers, and union members
He offers flat fee pricing without any hidden fees or charges

Some Wins for Our Clients

Although each case is different and results in one case do not guarantee results in other cases, some of Anthony Montagna’s favorable court results are the following:

MISDEMEANOR Domestic Violence Charge: Dismissed
FELONY Strangulation Reduced to a Misdemeanor
FELONY Possession With Intent to Distribute Drugs: Dismissed
MISDEMEANOR Domestic Violence Charge Dismissed
FELONY Possession of Drugs: Dismissed
DOMESTIC Assault and Battery: Dismissed
DRUNK in Public and Resisting Arrest: Dismissed
DOMESTIC Assault and Battery: NOLLE Prosequi(Dismissed Without Prejudice)
FELONY Strangulation: Dismissed
MALICIOUS Wounding: Reduced to Unlawful Wounding
FELONY Strangulation: NOLLE Prosequi(Dismissed Without Prejudice)
DOMESTIC Assault and Battery: Dismissed
DUI and Refusal: Refusal NOLLE Prosequi(Dismissed Without Prejudice) and Dui Amended to Reckless Driving
FELONY Possession With Intent to Distribute Drugs: Client Guilty of Simple Possession of Drugs
FELONY Strangulation: NOLLE Prosequi(Dismissed Without Prejudice)
FELONY Destruction of Property: Dismissed
ROBBERY: Dismissed
FELONY Third Offense Domestic Assault and Battery: Dismissed
ROBBERY: Not Guilty
ARSON: NOLLE Prosequi(Dismissed Without Prejudice)
FELONY Object Penetration: Client Pled to Misdemeanor Assault and Battery
Dui-2nd Offense and Refusal: NOLLE Prosequi(Dismissed Without Prejudice)
FELONY Possession With Intent to Distribute Drugs: Dismissed
RAPE Reduced to Misdemeanor Assault and Battery
VIOLATION of a Protective Order: Dismissed
STRANGULATION: NOLLE Prosequi(Dismissed Without Prejudice)
DOMESTIC Assault and Battery: Not Guilty
FIRST Degree Murder: Client Pled to Voluntary Manslaughter
MISDEMEANOR Assault and Battery: Dismissed
MISDEMEANOR Possession With Intent to Distribute Marijuana: NOLLE Prosequi (Dismissed Without Prejudice)
INDECENT Exposure: Dismissed
ROBBERY: Dismissed
HARASSING Phone Calls: Dismissed
MISDEMEANOR Possession of Marijuana: Dismissed
MISDEMEANOR Hit and Run: Dismissed
FELONY Hit and Run: Reduced to Misdemeanor
VIOLATION of a Protective Order: Dismissed
RECKLESS Driving: Dismissed
CONCEALED Gun: Dismissed
DUI: Dismissed
FELONY Hit and Run: Reduced to Misdemeanor
RECKLESS Driving: Dismissed
ARSON: Dismissed
DRIVING on a Revoked License: Dismissed
GRAND Larceny Reduced to Petty Larceny
3 Counts of Embezzlement: Dismissed

What Some Clients Say

“Mr. Montagna is interested in what is best for his clients. He has a formula for you to follow, making it easy to see possible resolutions. He ensures you are in your best standing in front of the court. He represents his clients with an assured and confident nature that is alluring to watch. His preparations for his client is top notch. He communicates with law enforcement agents and the courts effectively for his clients; ensuring there are no surprises before you approach the bench. I would highly recommend Mr. Montagna and his employees at his firm to help you when you are in a tight spot. WORTH EVERY PENNY!!” – M.

“Very energetic and knowledgeable lawyer. While it was an expensive endeavor, he took the time to understand my circumstances and represented me very well to the court. I would use Mr. Montagna again, and would recommend him.” – Dennis S.
“Mr Montagna has helped me with two cases now, both times he has been professional and helpful. In both cases my charges were reduced and I was very pleased with the results. If I have any other driving incidents or personal injury I will definitely be given Mr montagna a call back.” – Steven E.
“No one loves their encounters w/the judicial system, but Mr. Montagna and his team were great in providing clear and effective services. He’s a professional who knows what he’s doing and how to advise – I hired him to work on a traffic offense. Moreover, Mr. Montagna is very personable, so that combined with his experience in the field helped make something that could have been quite stressful rather manageable. Would definitely recommend!” – Olivia O.

Cases in the News

Drug case falls apart against man claiming Norfolk police brutality (The Virginian-Pilot)
NAACP, police investigating after Norfolk man says officers slammed his face into ground (The Virginian-Pilot)
ODU streaker wins indecent exposure appeal (The Virginian-Pilot)