If you are charged with domestic assault and battery in Virginia, a conviction can carry serious and lasting consequences, including a criminal record and firearm restrictions.

What many people don’t realize is that Virginia law provides a diversion option for certain first-time offenders, even after a trial, under Virginia Code § 18.2-57.3.

This article explains:

• What the domestic assault first-offender program is
• Who qualifies for it
• What is required to complete the program
• Firearm restrictions while the case is pending
• When and how this option can be requested — including after losing a trial

This option is frequently offered in Arlington, Alexandria, Fairfax County, Loudoun County, and Prince William County, but sometimes defense counsel must argue for the client to be given this option.

What Is the Domestic Assault Diversion Program in Virginia?

Virginia Code § 18.2-57.3 allows a judge to defer a finding of guilt for a person charged with assault and battery against a family or household member, provided certain criteria are met.

Instead of entering a conviction, the court places the defendant on a period of probation with specific conditions. If those conditions are successfully completed, the charge is dismissed.

Importantly:

• This is not an automatic right
• It is discretionary
• The judge must affirmatively approve it

Who Qualifies for Domestic Assault Diversion Under Va. Code § 18.2-57.3?

To be eligible, a person must:

• Be an adult
• Be charged with assault or assault and battery against a family or household member
• Have no prior convictions for domestic assault
• Have no prior convictions for a crime of violence (or the prosecutor does not object despite the conviction)
• Not have had a prior case dismissed through this same diversion program
• Plead guilty, no contest, or plead not guilty and the court finds that there are sufficient facts for the person to be found guilty
• Agree to waive their right to appeal the sufficiency of the evidence
• Be deemed appropriate for diversion by the court

You Can Request This Even After Losing a Trial

This is one of the most important aspects of § 18.2-57.3.

👉 A defendant may request this diversion program after a trial and after the court finds that there is enough evidence for a guilty verdict.

In practice, this means:

• A person may contest the charge at trial
• If the judge finds them guilty, defense counsel can then request first-offender treatment instead of a conviction
• The judge may enter a deferred disposition rather than a conviction

This is particularly important because it preserves your right to go to trial before accepting this diversion program.

What Are the Requirements to Complete the Program?

If the court grants diversion under § 18.2-57.3, the defendant required to:

• Submit to local community-based supervised probation
• Remain on good behavior for 2 years
• Complete a court-approved anger management or domestic violence program
• Not possess firearms during this period

What Happens After Successful Completion?

If all conditions are satisfied:

• The court dismisses the charge
• No conviction is entered
• But it may not be expunged from your record

This outcome can be life-changing, particularly for professionals, parents, or individuals concerned about employment, security clearances, or firearm rights.

Why Legal Strategy Matters in Northern Virginia Domestic Assault Cases

Courts in Arlington, Alexandria, Fairfax, Loudoun, and Prince William County vary significantly in:

• Willingness to grant diversion (versus other, more favorable resolutions)
• Required probation conditions

Final Thoughts

Virginia’s first-offender domestic assault program under Va. Code § 18.2-57.3 can provide a critical second chance (even after a trial is lost) but it is not automatic and not guaranteed.

If you are facing a domestic assault charge in Northern Virginia, understanding when and how to request this relief can make the difference between a permanent criminal record and a dismissed case. Contact us to discuss.