Your “Go To” Norfolk, VA Domestic Violence Defense Lawyer
A Norfolk, VA Domestic Violence Defense Expert
Handles Every Norfolk Criminal Defense Case With Openness, Understanding and Tenacity
A Norfolk, VA Domestic Violence Defense Lawyer Who Has Handled Many Cases Like Murder, Domestic Assault and Battery, Strangulation, Rape, Robbery, Possession With Intent to Distribute Drugs, Larceny, Arson, DUI, Hit and Run, Malicious Wounding, and Simple Assault and Battery
Over 170 5 Star Google, Avvo, and Findlaw Reviews
Providing Unmatched Legal Representation for Criminal Cases in Norfolk, VA for Almost 30 Years
QUOTED IN AND INTERVIEWED BY The Virginian Pilot
Military, Union, Teacher, Student, First Responder, and Senior Discounts
Elite Norfolk Domestic Assault Defense Lawyer, Who Handles All Felony, Misdemeanor, and Traffic Cases
Has Defended Countless Misdemeanor and Felony Domestic Violence Case
Call Today to Put My Knowledgeable Norfolk Criminal Defense Team on Your Case
A Norfolk Domestic Violence Defense Lawyer Who Is Tenacious and Not Afraid of Prosecutors
425 Monticello Avenue, Suite a, Norfolk, VA 23510 (Located Within Minutes of the Federal District Court, Norfolk Circuit Court, Norfolk General District Court, and the Norfolk Juvenile and Domestic Relations District Court)
Best of the Best: Anthony Montagna, IIIAnthony Montagna, III is a member of AMERICAN ASSOCIATION OF DUI ATTORNEYSWe are Peer Rated for Strong Ethical StandardsAnthony Montagna is listed as one of the top 3 DUI lawyers in Norfolk, VA with ThreeBest RatedBest of the Best criminal defense attorneys
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 Misdemenanor
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 Starngulation: Dismissed
MALICIOUS Wounding: Reduced to Unlawful Wounding
FELONY Starngulation: NOLLE Prosequi (Dismissed Without Prejudice)
MISDEMEANOR Reckless Driving, 131 Mph in a 55 Mph Zone, Reduced to Improper Driving, a Traffic Infraction
DOMESTIC Assault and Battery: Dismissed
DUI and Refusal: Refusal NOLLE Prosequi (Dismissed Without Prejudice) and Dui Amended to Reckless Driving
MISDEMEANOR Reckless Driving, 116 Mph in a 55 Mph Zone, With Misdemeanor Eluding Charge, Dismissed
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
425 MONTICELLO AVENUE NORFOLK, SUITE A, NORFOLK, VA 23510
757-625-3500
What Some Clients Say About Anthony Montagna, III
“Anthony Montagna helped me with my domestic assault cause. I’m currently on probation for a felony charge from years prior. He was able to get my assault charge completely dismissed, which was very important due to the fact I am already on probation, avoiding a violation. He was very straight forward with explaining things to me and all of my options. He was aggressive in court and I was very impressed. The office staff was amazing. I had to bring two of my small children with me to my appointments in his office and the staff was very accommodating with the kids, even watching them for me in a separate room with toys, books, and blocks while I met with Montagna. He is someone I would definitely recommend for any kind of case. He gets the job done.
I was facing 4 different charges, the worst being assault. I met with Mr. Montagna, and told him my story. He took on the case very seriously. When we finally walked into the court room he was an absolute machine! Mr. Montagna’s ability to finesse the truth from their “stand-in” witnesses made it clear to the judge that there were lies and acts of collusion in there story. Mr. Montagna was able to get three of the most serious offenses thrown out and the fourth deferred for six months. Furthermore, as long as good behavior is observed during those six months, the fourth charge will also be removed. Mr. Montagna did an incredible job if you need a lawyer, he’s the one to get! He’s been doing this for 20 years, and everyone can tell when he gets set loose in the court room.
“Thanks to Mr. Anthony Montagna and his team for getting my case dismissed today. I really appreciate it”
“He is absolutely one of the best lawyers you could ask for! Very friendly and understanding! If you need assistance he is always there to lend that helping hand! He cares for his clients he isn’t just a guy after money like most people you come in contact with. I can’t thank him enough for all the help!
“Went into court with a DUI, refusal charge, and driving on suspended 3rd offense. Mr Montagna let me know exactly what he was doing and what the possibilities were every step of the way. He offered competitive prices and did not sale me a dream. Being straight forward with me gave me the opportunity to make informed decisions throughout the case. Thanks to Mr. Montagna I had all three of my charges DISMISSED. The staff from the time I walked in the door was amazing and made me feel welcomed. Thank you again to Mr. Montagna and staff for everything!”
“Anthony Montagna was a huge help, He took his time and spoke personally with me on my case and he got me the best results on my case. I highly recommend!!”
“Tony is not just an amazing lawyer, he’s an amazing person. He makes you feel safe and puts you at ease. I trust this man with my life and you should too.”
“I contacted Mr. Montagna about a criminal defense case and from the beginning he was great. I never had any unanswered questions. I never felt clueless about the court system process that I of course had no experience with before. And most importantly he put in the effort to defend me in front of the judge. What could have been years in prison was settled to a misdemeanor and some classes. He’s a great lawyer.”
“We recently had the opportunity to use Mr. Montagna’s services. He was a godsend. He couldn’t have been more professional or caring and he was responsible for the wonderful outcome that was achieved. Mr. Montagna knows what he is doing at all times and we are grateful for his help.”
“Anthony Montagna represented me in an assault case in which he did everything in his willpower to provide the service I was looking for. He ultimately got my charges reduced, and I would recommend him to anybody!”
“I had the opportunity to meet Anthony Montagna III recently. He was courteous, kind, and professional. As soon as the case started his client was put at ease because Attorney Montagna was in full control. His expertise was exceptional and the outcome could not have been better.”
“Anthony Montagna used his extensive legal experience in getting me the very best result in my case. Most lawyers know how to talk the talk. But, Anthony Montagna definitely knows how to walk the walk. I highly recommend him to others in need of a great lawyer.”
“One of the best lawyers around! As a professional myself I found this attorney to be well-prepared, ethical and knowledgeable. He was able to offer good legal advice and outstanding representation. I was facing a potentially serious charge that could have affected me for the rest of my life. He did a phenomenal job representing me and is VERY intelligent and aggressive which is exactly what is needed to adequately present a case for argument.”
“Esquire Montagna was 100% business, 100% effective, and brilliant in his command and control in the court room with his Honor. Esquire Montagna gave me a plan to work, I worked to the plan, and Esquire Montagna did the rest as promised. Esquire Montagna delivers. Esquire Montagna and his staff are super organized and well prepared. Esquire Montagna is unbelievably effective in the court room with his Honor and our esteemed Virginia State Troopers.”
“I went to see Mr. Montagna about representing me in a court case. After the meeting, I knew I had made the right choice for a lawyer. I won my case thanks to his professionalism and knowledge of the law.”
“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear, and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. he was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation.”
After stopped by the police, give Anthony Montagna, III a call
Crime Statistics Pursuant to the December 6, 2021 Press Release From the FBI
FBI Crime Statistics
FBI: Uniform Crime Report (Data From FBI Website)
FBI Violent Crime Statistic
If you have been charged with a domestic assault in Norfolk, VA, understand that Anthony Montagna, III as an elite domestic assault and battery defense lawyer is here to help you and to provide unmatched legal representation. We will help you through this difficult time and be responsive to your needs. Our lawyers with handle your case with sensitivity, openness, understanding, and tenacity. You are not alone with Anthony Montagna, III and the lawyers at his firm. At this difficult time for you, we are at our best.
Tenacious Norfolk Domestic Violence Defense Lawyers Located at 425 Monticello Avenue, Suite a, Norfolk, VA 23510
When accused of committing a felony in Norfolk, VA, like strangulation or third offense domestic assault and battery, or a misdemeanor like domestic assault and battery, individuals should hire tenacious criminal defense lawyers in Norfolk, VA, likeAnthony L. Montagna, III and the lawyers at the firm. At Anthony’s firm, the lawyers fight hard to defend your rights for any criminal domestic violence charge in Norfolk, VA.
As Norfolk, VA Criminal Domestic Violence Defense Lawyers, Anthony and the other lawyers at the firm understand that there is nothing more concerning, stressful, and difficult than knowing that you have been charged with a crime for which you may go to jail or prison. Do not hire an attorney with 5, 10, 15, or fewer years of experience, hire Anthony Montagna, III, who has over a quarter century of experience winning cases as a Norfolk assault defense lawyer.
In Anthony’s 30+ years of practicing law, he has never told a client that he or she needs to plead guilty. Furthermore, Anthony always tells his clients that if there is any doubt in the client’s mind as to pleading guilty or not guilty that the client should plead not guilty.
Commitment to You and Your Family as a Norfolk Criminal Domestic Violence Defense Lawyer
“Practicing law since 1993, I know each criminal case in Norfolk, VA is different, and I provide personalized attention for each client in Norfolk, who has been charged with strangulation, felony domestic assault and battery, or misdemeanor domestic assault and battery,” says Anthony. “I am committed to providing my criminal domestic assault and battery and strangulation defense clients in Norfolk, VA with zealous and skillful representation. I know that my Norfolk, VA criminal domestic assault and battery or strangulation defense client’s case is a serious concern, and I treat every client like I would want my family treated. I am here to guide you through the complexities of your criminal case and to provide you simple, straightforward answers to your questions.”
Anthony Montagna, III is a criminal defense lawyer who you should call after being arrested by the police for domestic assault and battery in Norfolk, VA
Norfolk, VA Criminal Cases in the News
THE VIRGINIAN PILOT: 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
Norfolk, VA Domestic Assault Defense Lawyers Who Defend All Felony and Misdemeanor Criminal Cases:
MURDER
RAPE
ROBBERY
ASSAULT AND BATTERY
DOMESTIC ASSAULT AND BATTERY
MALICIOUS WOUNDING
UNLAWFUL WOUNDING
CONSPIRACY
STRANGULATION
BURGLARY
DRUNK IN PUBLIC
ARSON
STALKING
POSSESSION OF DRUGS
POSSESSION WITH INTENT TO DISTRIBUTE DRUGS
PETTY LARCENY
RESISTING ARREST
GRAND LARCENY
TRESPASS
DUI
HABITUAL OFFENDER
DISORDERLY CONDUCT
OBTAINING MONEY BY FALSE PRETENSE
OBSTRUCTION OF JUSTICE
HIT AND RUN
EMBEZZLEMENT
BRANDISHING A FIREARM
HARASSING PHONE CALLS
PROBATION VIOLATIONS
POSSESSION OF A FIREARM AFTER BEING A CONVICTED FELON
ALL OTHER MISDEMEANORS AND FELONIES
Stages of a Criminal Domestic Violence or Strangulation Case in Norfolk, VA
Arrest by a police officer
Defendant released on a summons for a misdemeanor or brought in front of the Magistrate to set his bond (if granted)
Arraignment usually involves the judge describing the charge(s) and advising the defendant that he may represent himself, be screened for court appointed counsel, or obtain his own counsel – occurs in Juvenile and Domestic Relations District Court)
If bond was not set by Magistrate, setting a bond hearing
Preliminary Hearing is a probable cause hearing for a defendant charged with a felony by the police after a criminal warrant was issued by the Magistrate (NO PRELIMINARY HEARING FOR MISDEMEANORS)
Direct indictment of a person for a criminal charge (done in Circuit Court and skips the first five steps – Arraignment and bond hearing can be had after defendant is arrested)
Pre-Trial Motions to be held by the Court to decide pre-trial matters like 4th Amendment of the United States Constitution suppression issues, admissibility of evidence issues, and witness issues
Trial to decide a person’s guilt beyond a reasonable doubt (no right to jury trial for misdemeanor in Juvenile and Domestic Relations District Court – Right to jury trial for misdemeanor appeals to Circuit Court, Direct indictments in Circuit Court, and Felony charges in Circuit Court
Sentencing an individual after finding a person guilty
Appeal
Costs of a Criminal Domestic Violence Conviction in Norfolk, VA:
BONDSMAN FEES
ATTORNEY FEES
LOSS OF JOB
STIGMA OF ARREST
COURT FINES
COURT COSTS
INCARCERATION
LOSS OF RIGHT TO VOTE FOR A FELONY
INABILITY TO PURCHASE OR POSSESS A FIREARM
When You Are Looking for a Norfolk, VA Criminal Domestic Violence Defense Lawyer, We Have Someone Available to Answer Your Call 24 Hours a Day:
When you want to talk to someone immediately and need assistance with your criminal domestic assault and battery or strangulation charge in Norfolk, VA, call us today at 757-625-3500. Some criminal defense lawyers in Norfolk, VA do not answer the phone after hours. At our firm, we answer your call every time, 24 hours a day.
Anthony handles all types of felony and misdemeanor charges. He is well known for outstanding results in murder, rape, petty larceny, grand larceny, possession with intent to distribute drugs, simple narcotic possession, robbery, burglary, assault and battery, DUI, destruction of property, trespass and other criminal cases.
The firm has over 175 years of combined legal experience defending individuals charged with a crime or assisting them with other legal matters. We have handled crimes ranging from murder to traffic offenses. When your life is in jeopardy, you should not rely on unskilled or inexperienced counsel. Call the tenacious lawyers at Montagna Law when you want highly skilled and professional counsel representing you in court.
Bio of Norfolk Criminal Domestic Assault and Battery Defense Lawyer, Anthony Montagna, III
Anthony was born on August 19, 1968 at Camp LeJeune, North Carolina. After several months, he and his family moved to Norfolk, Virginia, his father’s home town.
Anthony graduated from Norfolk Academy in Norfolk, VA in 1986. After graduation, he attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. At the University of Richmond, Anthony was awarded Intermediate Honors and was a proud member of the the Dean’s List.
After graduating from the University of Richmond, Anthony attended and graduated from The University of Akron School of Law in 1993.
Upon graduating from law school, Anthony joined his father as a partner at Montagna & Montagna, P.C. in Norfolk, VA.
In his free time, Anthony enjoys travelling, reading, watching and playing sports, and spending time with his family. He particularly enjoys spending time with his daughter, Phoebe, who is 19 and attends Hollins University.
Son of a Captain, USNR
As the son of an attorney who served his country proudly on active duty and in the reserves in the United States Navy Jag Corps, Anthony has the necessary experience and knowledge to help you get a more desirable result. He has been involved in the law since 1993 and is well known for his knowledge of the law and familiarity with the judges in Norfolk, VA.
Anthony Montagna, III has successfully defended individuals charged with serious criminal and traffic offenses, like murder, rape, robbery, burglary, larceny, hit and run, and DUI. He thrives on success and takes pride in his extensive preparatory research – vital to a favorable verdict or disposition.
In addition to Anthony Montagna, III, Montagna Defense Attorneys has a team of criminal defense lawyers in Norfolk, VA ready to help you today. The level of experience of our attorneys at Montagna Law allows you to rest easily knowing you have fighters in your corner.
Norfolk Domestic Violence Defense Lawyers Who Think Outside of the Box
Anthony Montagna, III and the lawyers at The Montagna Defense Attorneys strive to answer all questions, to provide regular updates and return all phone calls. If you want an attorneys who will think outside of the box, make your case a priority and work hard for you, Anthony and Montagna Law are the attorneys for you.
Three Reasons to Select Anthony Montagna, III When Looking for Criminal Domestic Violence Defense Lawyers in Norfolk, VA:
1. When you consider hiring a Norfolk domestic violence criminal defense lawyer, know that Anthony is here to help you. He is uniquely qualified to handle your simplest or most complex legal matter. Anthony will fight for you in court to ensure that your rights are fully protected. He is only satisfied when you are satisfied and amazes people with his quick response to telephone and email requests.
2. Anthony is skilled, knowledgeable, and caring.
3. Since 1993, Anthony has defended military and civilian individuals charged with serious crimes. He has won countless felony and misdemeanor cases. As a Norfolk criminal defense attorney who has successfully represented individuals charged with murder, abduction, domestic assault and battery, strangulation, rape, robbery, and drug crimes, Anthony is well known for his aggressive representation and complete preparation in defending his clients.
Representing Union Workers, Military Personnel, Locals, Students and Vacationers
Many of our clients our union workers, locals, students, vacationers, and military men and women. Even if you are not familiar with the area, it is important to hire a lawyer who is familiar with the courts, clerks, and judges.
Since 1993, Anthony has been representing men and women who were mistakenly charged with a crime that they did not commit and individuals who made a mistake and need a seasoned criminal defense lawyer. At Montagna Law in Norfolk, VA, our lawyers have over 175 years of combined legal experience. You deserve the benefit of that experience.
Military Welcome
Norfolk Criminal Defense Lawyers Helping Military Members
NAVY
MARINE CORPS
ARMY
AIR FORCE
COAST GUARD
Union Workers Welcome
Our Clients
Our clients are regular people like you. We represent locals, students, people on vacation, union workers, and military men and women. When we represent a member of our armed forces, we are willing to work closely with their command. We appreciate the hard work of our armed forces, and we want to provide to you the best representation available.
Payment Plans
The Norfolk criminal domestic assault and battery and strangulation defense lawyers at our firm understand that everyone does not have unlimited money. To help you from the very beginning, we offer a free consultation and make payment plans available to our clients. Most importantly, we offer discounts to seniors, students, first responders, military men and women, and union workers.
Contact Us Today at 757-625-3500
If you have been arrested, charged or investigated for a domestic violence crime in Norfolk, VA or anywhere in Virginia, you should contactus immediately. We will immediately schedule an appointment to meet with Anthony or one of the other lawyers at the firm. We are available 24 hours a day to answer your call. Our telephone number is 757-625-3500.
Hire an Experienced Norfolk Domestic Violence Defense Lawyer to Defend You
We will assist you or a family member in setting a bond hearing immediately. As Norfolk domestic violence criminal defense lawyers, we have experience with the prosecutors in Norfolk, VA. Let our experienced Norfolk criminal domestic violence defense lawyers defend you or your family members.
Concerned Norfolk domestic violence criminal defense lawyers, like Anthony Montagna, III, understand the uncertainty of what happens next following an arrest for a criminal charge in Norfolk, VA. If you need a criminal domestic violence lawyer for an a domestic assault and battery or strangulation charge in Norfolk, VA, make an appointment with Anthony Montagna, III and Montagna Criminal Defense Law.
When you come to Anthony L. Montagna, III for representation of a criminal charge in Norfolk, VA, he will zealously defend you and assist you in every step of the criminal process. Anthony Montagna, III will explain the elements of the crime, the burden of proof, what the Commonwealth must show, and any defenses you might have. If evidence was illegally seized, Anthony will explain to you “fruit of the poisonous tree,” suppression of evidence and statements, and motions that can be filed to ensure you receive the most favorable disposition.
Whether you need representation at a preliminary hearing or trial, Anthony Montagna, III will fight for you in Norfolk, Virginia. Our law firm has 175 years of combined legal experience, and we’ll use that experience to negotiate a favorable plea or defend your case before a judge or jury.
Call Anthony Montagna, III, Today
(757) 625-3500
If you have been arrested, charged or investigated for a crime in Norfolk, VA,contact Montagna’s Criminal Defense Law Team. Call 757-625-3500 now for a free consultation. Our Norfolk, VA criminal defense attorneys have someone available 24 hours a day to take your call. We will schedule an appointment for you as soon as possible to help you protect your rights and defend you against one of the most challenging events of your life.
What Is the Domestic Assault and Battery Statute in VA?
§ 18.2-57.2. Assault and battery against a family or household member; penalty.
A. Any person who commits an assault and battery against a family or household member is guilty of a Class 1 misdemeanor.
B. 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.
C. Whenever a warrant for a violation of this section is issued, the magistrate shall issue an emergency protective order as authorized by § 16.1-253.4, except if the defendant is a minor, an emergency protective order shall not be required.
D. The definition of “family or household member” in § 16.1-228 applies to this section.
What Is the Deferred Finding Statute for Domestic Assault and Battery in VA?
§ 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.
A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section.
B. For a person to be eligible for such deferral, the court shall find that (i) the person was an adult at the time of the commission of the offense; (ii) the person has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to an assault or assault and battery against a family or household member; (iii)(a) the person has not previously been convicted of an act of violence as defined in § 19.2-297.1 or (b) if such person has been previously convicted of such an act of violence, the attorney for the Commonwealth does not object to the deferral; (iv) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section; (v) the person pleads guilty to, or enters a plea of not guilty or nolo contendere and the court finds the evidence is sufficient to find the person guilty of, simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2; and (vi) the person consents to such deferral and to a waiver of his right to appeal a finding of facts sufficient to justify a finding of guilt under this section entered pursuant to subsection F for a violation of a term or condition of his probation. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer. A person may file a motion to withdraw his consent to the deferral and waiver of his right to appeal within 10 days of the entry of the order deferring proceedings on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. The court shall schedule a hearing within 30 days of receipt of the motion and shall provide reasonable notice to the attorney for the Commonwealth and to the person and his attorney, if any. If the person appears at the hearing and requests to withdraw his consent, the court shall grant such request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person does not appear at the hearing, the court shall deny his request to withdraw his consent.
C. The court shall (i) where a local community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1 is available, order that the eligible person be placed with such agency and require, as a condition of local community-based probation, the person to successfully complete all treatment, education programs, or services, or any combination thereof, indicated by an assessment or evaluation obtained by the local community-based probation services agency if such assessment, treatment, or education services are available or (ii) require successful completion of treatment, education programs, or services, or any combination thereof, such as, in the opinion of the court, may be best suited to the needs of the person.
D. The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education, and treatment, based upon the person’s ability to pay. Such programs or services shall offer a sliding-scale fee structure or other mechanism to assist participants who are unable to pay the full costs of the required programs or services.
The court shall order the person to be of good behavior for a total period of not less than two years following the deferral of proceedings, including the period of supervised probation, if available.
E. Upon fulfillment of the terms and conditions specified in the court order, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. No charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2.
F. Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided by law. Any person placed on probation pursuant to this section who is subsequently adjudicated guilty upon a violation of a term or condition of his probation shall have no right of appeal on such adjudication.
G. Notwithstanding any other provision of this section, whenever a court places a person on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7.
What Is the Strangulation Statute in VA?
§ 18.2-51.6. Strangulation or suffocation of another; penalty.
A. Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony.
B. Any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway of such person resulting in the wounding or bodily injury of such person is guilty of suffocation, a Class 6 felony.
Frequently Asked Questions
What is the address for the Norfolk General District Court? FOLLOW THIS LINK
What is the address for the Norfolk Juvenile and Domestic Relations District Court? FOLLOW THIS LINK
What is the address for the Norfolk Circuit Court? FOLLOW THIS LINK
Who are the Judges in the Norfolk General District Court? FOLLOW THIS LINK
Who are the Judges in the Norfolk Juvenile and Domestic Relations District Court? FOLLOW THIS LINK
Who are the Judges in the Norfolk Circuit Court? FOLLOW THIS LINK
How do look up my case in the Norfolk General District Court? FOLLOW THIS LINK
How do look up my case in the Norfolk Circuit Court? FOLLOW THIS LINK
How do I get directions to the Norfolk General District Court, the Norfolk Circuit Court or the Norfolk Juvenile and Domestic Relations District Court? FOLLOW THIS LINK
Written By Anthony Montagna, III
Defense Lawyer
Anthony graduated from Norfolk Academy in 1986. After graduation, Anthony attended and graduated from the University of Richmond with a Bachelor of Arts degree in Economics. Practicing since 1993, Anthony has successfully defended individuals charged with serious crimes and traffic offenses like reckless driving and DUI charges.