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.”

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

???? 1. Three Decades of Criminal Defense Experience

• Practicing since 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

• He’s admitted to practice in all key Virginia courts — from  trial courts to the U.S. Supreme Court .

⚖️ 2. Known for Aggressive, Thorough Advocacy

• He is praised for his 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

???? 3. Local Roots & Community Connections

• Born in North Carolina but raised in Norfolk since infancy, he graduated from Norfolk Academy and is deeply connected to the Hampton Roads legal community

• He and his father, a retired Captain, USNR and a former Navy-JAG, developed strong relationships with judges, prosecutors, and local court staff, giving him strategic insight into the Norfolk Circuit and the Norfolk Juvenile and Domestic Relations District Court

???? 4. High Client Satisfaction & Reputation

• He has received over 200 five‑star reviews on platforms like Google, AVVO, and FindLaw

• Client testimonials frequently highlight his ability to get domestic assault charges dismissed or significantly reduced, as well as his clear communication and personal approach

???? 5. Comprehensive Legal Services

• Beyond criminal defense, he assists clients in related areas like personal injury, custody, divorce, and support—a major asset when domestic violence allegations intertwine with family-law issues.

• He offers free initial consultation, payment plans, and discounts for 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)

✅ Summary: Why Choose Anthony L. Montagna, III?