79088118.2-57.3Virginia Decodedhttps://vacode.org2016Crimes And Offenses GenerallyCrimes Against The PersonAssaults And Bodily WoundingsPersons 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; discharge1999, 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.Moreau v. Fuller062688661 S.E.2d 8412008-06-06https://www.courtlistener.com/opinion/1058476/moreau-v-fuller/ . . . "place accused on probation, §§ 4.1-305, 18.2-57.3, 18.2-251 or 19.2-303.2. Costs imposed on . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Epps v. Com.1799104717 S.E.2d 1512011-11-15https://www.courtlistener.com/opinion/1061852/epps-v-com/ . . . specific offenses to avoid conviction. See Code §§ 18.2-57.3 (domestic assault and battery), . . . <abbr title="Court of Appeals">COA</abbr>Powell v. Com.3042992548 S.E.2d 9262001-07-17https://www.courtlistener.com/opinion/1064987/powell-v-com/ . . . the trial court. . . . <abbr title="Court of Appeals">COA</abbr>Hernandez v. Com.1892084684 S.E.2d 8452009-11-17https://www.courtlistener.com/opinion/1062328/hernandez-v-com/ . . . family or household member, pursuant to Code § 18.2-57.3. No statute contains authorization for . . . <abbr title="Court of Appeals">COA</abbr>Powell v. Com.Record No. 3042-99-1537 S.E.2d 6022000-11-28https://www.courtlistener.com/opinion/1396233/powell-v-com/ . . . Reversed and remanded. . . . <abbr title="Court of Appeals">COA</abbr>Taylor v. Com.2236091710 S.E.2d 5182011-06-28https://www.courtlistener.com/opinion/1061922/taylor-v-com/ . . . delinquent for certain drug and alcohol offenses); 18.2-57.3(A) (assault and battery against a . . . <abbr title="Court of Appeals">COA</abbr>Gibson v. Com.1246064649 S.E.2d 2142007-08-28https://www.courtlistener.com/opinion/1062970/gibson-v-com/ . . . against a family or household member, see Code § 18.2-57.3, marital rape, see Code § 18.2-61(C), . . . <abbr title="Court of Appeals">COA</abbr>United States v. White09-4114606 F.3d 1442010-06-01https://www.courtlistener.com/opinion/147555/united-states-v-white/ . . . however, the court proceeded under VA CODE ANN. § 18.2-57.3, which allowed the court to defer . . . Court of Appeals for the Fourth CircuitUnited States v. McCloud101CR00014158 F. Supp. 2d 7442001-09-17https://www.courtlistener.com/opinion/2415189/united-states-v-mccloud/ . . . juveniles), 16.1-278.9 (delinquent children), 18.2-57.3 (assault and battery against a family . . . District Court, W.D. VirginiaBrown v. Com.081417677 S.E.2d 2202009-06-04https://www.courtlistener.com/opinion/1058337/brown-v-com/ . . . first offender is allowed. See, e.g., Code §§ 18.2-57.3 and 18.2-251. At most, we have only each . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/18.2-57.3/18.2-307.1Definitions/18.2-307.1/18.2-57Assault and battery; penalty/18.2-57/18.2-57.2Assault and battery against a family or household member; penalty/18.2-57.2/19.2-392.2Expungement of police and court records/19.2-392.2/9.1-173Purpose/9.1-173//18.2-57.3/18.2/4/4/18.2-57.317.1-275.718.2-57.419.2-303.4When 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.sectionAA1For 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) the person has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, (iv) 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 (v) the person consents to such deferral.sectionBB1The 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.sectionCC1Upon fulfillment of the terms and conditions specified in the court order, 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.sectionEE1Upon 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.sectionFF1Notwithstanding 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.sectionGG1