Virginia Code § 18.2-57.3: How the Domestic Assault First-Offender Program Affects Your Firearm Rights

A charge for assault and battery against a family or household member carries consequences that go far beyond a possible conviction. In Virginia, one of the most significant — and most misunderstood — consequences involves the right to purchase, possess, or transport a firearm. For residents of Williamsburg, James City County, York County, Newport News, and the wider Hampton Roads region, understanding **Virginia Code § 18.2-57.3** can be the difference between a permanent loss of firearm rights and a path back to a clean record.

This article breaks down what § 18.2-57.3 actually does, how it interacts with Virginia’s domestic assault statute (§ 18.2-57.2), and what it means for your Second Amendment rights under both state and federal law.

What Is Virginia Code § 18.2-57.3?

Virginia Code § 18.2-57.3 creates a **first-offender deferred disposition program** for people charged with:

– Simple assault against a family or household member under § 18.2-57(A), or
– Assault and battery against a family or household member under § 18.2-57.2

Instead of moving straight to a conviction, a judge may defer the proceedings and place the accused on local, community-based probation. If the person successfully completes every condition of that probation, the charge is ultimately **dismissed** — meaning no conviction is ever entered.

Who Qualifies for Deferred Disposition?

To be eligible, the court must find that:

1. The person was an adult at the time of the offense
2. The person has no prior conviction for assault or assault and battery against a family or household member
3. The person has not previously been convicted of certain acts of violence (unless the Commonwealth’s Attorney does not object)
4. The person has not previously had a case dismissed under this same program
5. The person pleads guilty, pleads no contest, or the court finds the evidence sufficient to support a guilty finding

Because eligibility is fact-specific and prosecutorial discretion plays a real role, having defense counsel present the right facts to the court and the Commonwealth’s Attorney is critical — particularly in jurisdictions across Hampton Roads, where practices can vary from courtroom to courtroom.

Why § 18.2-57.3 Matters for Firearm Rights

This is where the statute has its biggest practical impact.

A Conviction Under § 18.2-57.2 Can Cost You Your Firearm Rights

Under current Virginia law, a **conviction** for assault and battery against a family or household member under § 18.2-57.2 makes it unlawful to purchase, possess, or transport a firearm. This state-law restriction applies to offenses occurring on or after July 1, 2021. Virginia law does provide a path back: firearm rights are generally restored three years after the conviction date, provided the person has no new disqualifying conviction and is not otherwise subject to a protective order.

Federal law adds another layer. Under 18 U.S.C. § 922(g)(9) — commonly known as the federal domestic violence firearm prohibition — a **misdemeanor crime of domestic violence** conviction can trigger a federal firearms ban that is separate from, and not automatically cured by, Virginia’s three-year restoration period.

Deferred Disposition Avoids the Conviction Entirely

Because § 18.2-57.3 allows the court to defer proceedings **without entering a conviction**, successful completion of the program avoids triggering both the Virginia firearm disqualification tied to § 18.2-57.2 and the federal misdemeanor-crime-of-domestic-violence prohibition that flows from an actual conviction. This is one of the primary reasons defense attorneys pursue deferred disposition aggressively for eligible first offenders.

But There’s a Catch: No Firearms During Probation

While the case is deferred, the accused is not conviction-free in every sense — the terms of probation under § 18.2-57.3 typically prohibit contact with the alleged victim and **prohibit possessing firearms** for the duration of the supervision period. In other words, firearm rights aren’t gone permanently, but they are suspended during the probationary period as a condition of the deferral itself.

Protective Orders Are a Separate Trap

Even if a domestic assault charge is resolved through § 18.2-57.3, a related **protective order** can independently restrict firearm rights under § 18.2-308.1:4. It’s entirely possible to avoid a criminal conviction while still being barred from possessing firearms because of an active protective order arising from the same underlying incident. Anyone facing a domestic assault charge should have both the criminal case and any related protective order proceeding evaluated together.

Why This Matters in Hampton Roads and Williamsburg

Local practice matters. Whether a Commonwealth’s Attorney’s office in James City County, York County, Newport News, or elsewhere in Hampton Roads is willing to agree to deferred disposition — and on what conditions — can vary significantly. An experienced local defense attorney who regularly appears in these courts can often negotiate terms that protect a client’s firearm rights more effectively than a generic, one-size-fits-all approach.

Frequently Asked Questions

Does § 18.2-57.3 guarantee I keep my gun rights?
No. It avoids a conviction if you successfully complete the program, which prevents the automatic state and federal firearm prohibitions tied to a conviction. However, you generally cannot possess firearms during the probationary period itself, and a separate protective order can still restrict your rights.

What happens if I violate the terms of my deferred disposition?
Non-compliance can result in the charge being reinstated, potentially leading to a conviction and the firearm consequences that come with it.

Does simple assault against a non-family member affect my firearm rights?
Generally, no. A conviction for simple assault under § 18.2-57 that does not involve a family or household member does not, by itself, trigger Virginia’s firearm disqualification or the federal domestic violence firearm prohibition.

How long do I have to wait to get my firearm rights back after a domestic assault conviction?
Under current Virginia law, firearm rights are generally restored three years after a qualifying conviction, absent a new disqualifying event. Federal restrictions may operate independently of this timeline.

Can a protective order affect my firearm rights even without a conviction?
Yes. A qualifying protective order under § 18.2-308.1:4 can independently prohibit firearm purchase, possession, or transportation regardless of the outcome of the criminal case.

Talk to a Hampton Roads Domestic Assault Defense Attorney

If you or a loved one has been charged with assault and battery against a family or household member in Williamsburg, James City County, York County, Newport News, or elsewhere in Hampton Roads, the stakes go well beyond the criminal charge itself — your firearm rights may be on the line. [Contact our office] to discuss whether deferred disposition under Virginia Code § 18.2-57.3 is available in your case and how to protect your rights.

This article is for informational purposes only and does not constitute legal advice. Firearm rights determinations depend on the specific facts of each case, the jurisdiction, and evolving state and federal law. Consult a licensed Virginia criminal defense attorney about your specific situation.