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)

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

Description

31+ years in criminal & domestic-violence defense

Fierce courtroom advocate who “fights” in your corner

Deep familiarity with Norfolk’s legal system

Handles a variety of matters under one roof

Strength
Experience
Aggressiveness
Local Insight
Reputation	Excellent track record in case outcomes and reviews
Supportive

Awards

Martindale-Hubbell® Notable Rating Badge

Anthony Montagna, III is one of the 10 Best 2022

2022 Top 10 Best Attorney Award for Client Satisfaction by American Institute of DUI/DWI Attorneys.

Anthony Montagna, III is one of the 10 Best 2022

Anthony Montagna is listed as one of the top 3 DUI lawyers in Norfolk, VA with ThreeBest Rated

Best of the Best: Anthony Montagna, III

Anthony Montagna, III has an A+ rating by the BBB

By Montagna Law | Posted on June 18, 2025

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Robert Bolden III

Tony was amazing! I initially found him online while researching lawyers in my area, and what sealed the deal was a close family friend who is an experienced lawyer themselves. They confirmed Tony was the person to go to. You can immediately tell he is experienced and knows his stuff. Every time we met, I felt valued and like I had his full attention. He took the time to make sure I understood everything at each step along the way. His paralegal Jay was equally awesome with top-tier communication throughout the entire process. I strongly recommend Tony to anyone looking for exceptional legal representation.

Marcus R

Mr Montagna goes above and beyond for his clients. I highly recommend his law firm.

Zgillman

I had a great experience with Mr. Montagna, I’ve had no previous court experience and he was able to guide me very clearly. Also ended with positive results.

Gina Briccetti

I couldn't recommend a lawyer as much as I recommend Anthony. He put my best interest to the forefront of his priority, taking all aspects of my case into consideration during the duration of my trial. He had an excellent way of communicating with me, treating me like one of his family members, instead of just a client. He was super transparent with me throughout the entire timeline of my case, and prepared me for what was to be expected so nothing was a surprise. I fully trusted Anthony to fight for me and my reputation, and he displayed himself very highly during my court date. He fully committed to me for my situation, and left out no details of what the court was entailing. He recommended I go above and beyond to mend my case, and so I did. He was successful in court with me, and I would absolutely utilize him as a resource for any further needs.

Josh Burton

Extremely helpful, clear, kind, and on top of every detail. Highly recommend!

Paige Dyer

Mr. Montagna was a great lawyer. Made the process very smooth and easy. Him and his paralegal were very professional and walked me through everything to help me understand my case. He worked hard get my reckless driving bumped down to an infraction which is a win in my book. 10/10 recommend if your looking for a lawyer.

nathan wilcots

Best lawyer I can ask for. He will not make promises but will put u at ease. I definitely recommend Anthony montagna.🔥

Kisha Wray

⭐⭐⭐⭐⭐ I cannot recommend Anthony Montagna highly enough. From the start, he demonstrated an incredible command of the law and a clear strategy for my case. He personally called me multiple times to walk through our defense and made sure I understood every step of the process. In court, Mr. Montagna was calm, confident, and extremely sharp. His knowledge of the law and ability to execute the right strategy ultimately helped lead to the dismissal of my case. When he says he treats his clients like family, he truly means it. He and his team were professional, responsive, and supportive the entire time. A special thank you to Jay, the paralegal on his team, for helping keep everything organized and moving smoothly. If you ever need legal representation, don’t hesitate to call Anthony “The Man” Montagna. Follow his guidance and do what he asks you to do — he knows what he’s doing. Thank you again for turning what started as a stressful situation into a positive experience.

Travis Langley

Unfortunately, I got a reckless driving ticket (68mph in a 45mph zone). Looked online and searched through many lawyers to help me with my case. Montagna law was one of the firms that popped up on a simple Google search. I read all of the previous cases stated on their website and felt comfortable with my decision to hire Mr. Montagna as my lawyer to represent me. I will say it was quite expensive, but what you get in return is fantastic representation at your court hearing and I was able to get my reckless driving charge completely dismissed and didn't have to pay any court costs or anything. Ofcourse this outcome is situational per a case to case basis, but I can honestly say that Mr. Montagna will try his absolute best to get you a good outcome in court! His experience truly speaks for itself!

Tyler Brown

I cannot recommend Anthony Montagna highly enough. He represented me in a case where I was originally charged with reckless driving (96MPH in a 55MPH zone), and thanks to his skill and strategic approach in the courtroom, he was able to get the charge reduced to improper driving. That alone made a huge difference in the long-term impact on my record. What really impressed me was how he handled the judge’s initial decision to suspend my license for 10 days. Anthony didn’t just accept it, he respectfully and professionally pushed back, using his experience and knowledge of the law to advocate even harder on my behalf. Because of his persistence and expertise, the judge reconsidered. In the end, I avoided a license suspension and the maximum fine. He is not the cheapest attorney out there, but in situations like this, you truly get what you pay for. The money was absolutely well spent. He protected my driving record, my ability to work, and gave me peace of mind during a stressful situation. If you’re facing a serious traffic charge and want someone who knows how to navigate the courtroom and fight for you, Anthony Montagna is the lawyer you want in your corner. I’m extremely grateful for his help.