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.
1999, c. 963; 2000, c. 1040; 2003, cc. 33, 38; 2004, c. 377; 2007, c. 133; 2009, cc. 313, 347; 2013, c. 746; 2016, cc. 422, 742; 2017, cc. 621, 785; 2019, cc. 782, 783.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 4 - Crimes Against the Person
§ 18.2-30. Murder and manslaughter declared felonies
§ 18.2-31. Aggravated murder defined; punishment
§ 18.2-32. First and second degree murder defined; punishment
§ 18.2-32.1. Murder of a pregnant woman; penalty
§ 18.2-32.2. Killing a fetus; penalty
§ 18.2-32.3. Human infant; independent and separate existence
§ 18.2-33. Felony homicide defined; punishment
§ 18.2-35. How voluntary manslaughter punished
§ 18.2-36. How involuntary manslaughter punished
§ 18.2-36.1. Certain conduct punishable as involuntary manslaughter
§ 18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties
§ 18.2-37. How and where homicide prosecuted and punished if death occur without the Commonwealth
§ 18.2-37.1. Certain matters not to constitute defenses
§ 18.2-40. Lynching deemed murder
§ 18.2-41. Shooting, stabbing, etc., with intent to maim, kill, etc., by mob
§ 18.2-42. Assault or battery by mob
§ 18.2-42.1. Acts of violence by mob
§ 18.2-43. Apprehension and prosecution of participants in lynching
§ 18.2-44. Civil liability for lynching
§ 18.2-45. Persons suffering death from mob attempting to lynch another person
§ 18.2-46.2. Prohibited criminal street gang participation; penalty
§ 18.2-46.3. Recruitment of persons for criminal street gang; penalty
§ 18.2-46.3:1. Third or subsequent conviction of criminal street gang crimes
§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties
§ 18.2-46.5. Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty
§ 18.2-46.7. Act of bioterrorism against agricultural crops or animals; penalty
§ 18.2-46.10. Violation of sections within article separate and distinct offenses
§ 18.2-47. Abduction and kidnapping defined; punishment
§ 18.2-48. Abduction with intent to extort money or for immoral purpose
§ 18.2-48.1. Abduction by prisoners or committed persons; penalty
§ 18.2-49. Threatening, attempting, or assisting in such abduction; penalty
§ 18.2-49.1. Violation of court order regarding custody and visitation; penalty
§ 18.2-50. Disclosure of information and assistance to law-enforcement officers required
§ 18.2-50.2. Emergency control of telephone service in hostage or barricaded person situation
§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.
§ 18.2-51.2. Aggravated malicious wounding; penalty
§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated
§ 18.2-51.6. Strangulation of another; penalty
§ 18.2-51.7. Female genital mutilation; penalty
§ 18.2-52.1. Possession of infectious biological substances or radiological agents; penalties
§ 18.2-52.2. Animal attack resulting from owner's disregard for human life; penalty
§ 18.2-53. Shooting, etc., in committing or attempting a felony
§ 18.2-53.1. Use or display of firearm in committing felony
§ 18.2-54. Conviction of lesser offenses under certain indictments
§ 18.2-54.1. Attempts to poison
§ 18.2-54.2. Adulteration of food, drink, drugs, cosmetics, etc.; penalty
§ 18.2-55.1. Hazing of youth gang members unlawful; criminal liability
§ 18.2-56. Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty
§ 18.2-56.1. Reckless handling of firearms; reckless handling while hunting
§ 18.2-56.2. Allowing access to firearms by children; penalty
§ 18.2-57. Assault and battery; penalty
§ 18.2-57.01. Pointing laser at law-enforcement officer unlawful; penalty
§ 18.2-57.02. Disarming a law-enforcement or correctional officer; penalty
§ 18.2-57.2. Assault and battery against a family or household member; penalty
§ 18.2-57.4. Reporting findings of assault and battery to military family advocacy representatives
§ 18.2-57.5. Certain matters not to constitute defenses
§ 18.2-58.1. Carjacking; penalty
§ 18.2-59. Extortion of money, property or pecuniary benefit
§ 18.2-60.1. Threatening the Governor or his immediate family
§ 18.2-60.2. Members of the Governor's immediate family
§ 18.2-60.3. Stalking; penalty
§ 18.2-60.4. Violation of protective orders; penalty
§ 18.2-60.5. Unauthorized use of electronic tracking device; penalty
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age
§ 18.2-64.1. Carnal knowledge of certain minors
§ 18.2-67.2. Object sexual penetration; penalty
§ 18.2-67.3. Aggravated sexual battery; penalty
§ 18.2-67.4:1. Infected sexual battery; penalty
§ 18.2-67.4:2. Sexual abuse of a child under 15 years of age; penalty
§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense
§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault
§ 18.2-67.5:3. Punishment upon conviction of certain subsequent violent felony sexual assault
§ 18.2-67.6. Proof of physical resistance not required
§ 18.2-67.7. Admission of evidence (Supreme Court Rule 2:412 derived from this section)
§ 18.2-67.8. Closed preliminary hearings
§ 18.2-67.9. Testimony by child victims and witnesses using two-way closed-circuit television
§ 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding
§ 18.2-67.10. General definitions
§ 18.2-71. Producing abortion or miscarriage, etc.; penalty
§ 18.2-71.1. Partial birth infanticide; penalty
§ 18.2-72. When abortion lawful during first trimester of pregnancy
§ 18.2-73. When abortion lawful during second trimester of pregnancy
§ 18.2-74. When abortion or termination of pregnancy lawful after second trimester of pregnancy
§ 18.2-74.1. Abortion, etc., when necessary to save life of woman
§ 18.2-76. Informed written consent required