Can You Get Probation Instead of Jail for Domestic Assault?

 Posted on October 20, 2026 in Violent Crimes

If you were charged with domestic assault in 2026, you could receive probation instead of jail time. First-time offenders may also qualify for a program that can lead to dismissal of the charge after completing certain requirements. However, the outcome depends on the circumstances of your case and your criminal history.

Our experienced Arlington County, VA criminal defense lawyer can explain your options and help you build a defense. Attorney Kaveh Noorishad has over 16 years of experience defending clients against criminal charges.

What Is Assault and Battery Against a Family Member in Virginia?

Under Va. Code § 18.2-57.2, domestic assault is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500. A third qualifying offense within 20 years can become a Class 6 felony. The prior convictions must involve certain offenses against family or household members. The offenses must have occurred on different dates.

Virginia law has a broad definition of ‘family or household member.’ It includes spouses, former spouses, parents, children, grandparents, grandchildren, siblings, stepparents, and stepchildren. Certain in-laws living in the same home and people who share a child are also covered. The law also covers people who live together as a couple or did so within the past 12 months, along with certain current or recent intimate partners.

Battery can involve intentional, unwanted touching done in an angry, rude, or harmful way. An injury is not required for a conviction.

Can First-Time Domestic Assault Offenders Get Their Charges Dismissed in Virginia?

Virginia provides a first-offender path specifically for domestic assault, which can help eligible defendants avoid a conviction. Under Va. Code § 18.2-57.3, the court can delay a finding of guilt and place you on probation. This is called deferred disposition.

To qualify, you must have been an adult when the offense occurred. You cannot have a prior conviction for certain assault offenses or have used this program before. Certain violent convictions can also affect eligibility. The court must have sufficient evidence to support a finding of guilt, and you have to agree to the program's conditions. You’ll also complete required treatment or education and remain on good behavior for at least two years. If you meet all the conditions, the court dismisses the charge without a finding of guilt.

What Factors Affect Whether You Get Probation for Domestic Assault in Virginia?

Judges consider your background and the details of the incident when deciding whether to order probation:

• Whether anyone was injured and how seriously

• Whether a weapon was involved

• Whether children were present or witnessed the incident

• Your prior criminal record

• Whether a protective order was in place and whether it was followed

• Your conduct toward officers at the scene

• Whether you obtained an evaluation or began counseling before the court date

• Employment, military service, and community ties

• The wishes of the person who reported the assault, although that person does not decide the outcome

Taking steps before your court date can help show the judge that you are taking the case seriously. For example, completing an evaluation or starting counseling can support a request for probation. However, these steps do not guarantee a particular sentence.

How Can a Domestic Assault Conviction Affect Your Future in Virginia?

Under federal law, a qualifying domestic violence misdemeanor conviction can prevent you from legally possessing firearms or ammunition. This restriction can last indefinitely, although limited exceptions and ways to restore firearm rights exist. Virginia also imposes a three-year firearm restriction for certain domestic assault convictions.

For noncitizens, a domestic assault conviction can also lead to serious immigration consequences. This includes possible deportation. Even lawful permanent residents can be affected. It depends on the offense and their immigration status.

A conviction can also affect child custody and visitation. Virginia courts consider domestic violence when deciding what arrangements are in a child's best interests.

Schedule a Consultation With Our Fairfax County Domestic Violence Defense Attorney

Attorney Noorishad takes on a limited number of cases, including high-profile matters. Each client gets real attention rather than a place in a queue. He provides focused representation, protecting your rights and explaining the legal process.

Contact Noorishad Law, P.C. at 703-542-4500 to talk to our Arlington County, VA criminal defense lawyer today. We’re available 24/7.