PRINCE WILLIAM COUNTY ASSAULT LAWYER

If you are charged with Assault in Prince William Virginia, you need to hire our experienced Prince William County assault lawyer to fight your criminal charges. 

read below important information about penalties and defenses of assault charges.

How is Assault and Battery Defined Under Virginia Law Section 18.2-57?  

While the Code of Virginia 18.2-57 prohibits Assault and Battery and lays out the penalties for the commission of the crime, the statute is unfortunately vague with respect to “what” constitutes Assault and Battery. 

A “battery” is any unlawful physical contact with another person. 

This can be a violent act such as a punch to the face or simply a non-consensual touching such as an unwanted hand on the small of your back while riding the Metro. 

Though in the latter example, additional charges may also apply because of the action’s sexual nature.

Conversely, an “assault” is an intentional action that causes the victim to have an apprehension of imminent physical harm. 

The difference is that with an assault, there is no requirement that actual physical contact is made. 

Aiming a punch at someone, and missing, is still an assault. 

Likewise, threatening to attack someone can be an assault if the threat unambiguously indicates that the attack is imminent. 

In other words, it’s not an assault to tell someone you plan to beat them up “someday.”

What Are The Penalties For an Assault and Battery Conviction in Prince William County Virginia?

Assault and Battery is a Class 1 Misdemeanor.  This means that it carries a maximum penalty of twelve months in jail and a maximum fine of $2,500.00. 

Your Prince William County assault lawyer must be experienced defending assault and battery cases whether they are held in the general district court or the juvenile and domestic relations courts.

The specific facts of the case and the defendant’s criminal history will each play a role in determining where in those ranges of incarceration and fines the defendant lands.

However, Virginia recognizes that Assault and Battery are more pernicious if it stems from racial, national, or religious animus. Our Virginia assault lawyer can help you identify defense strategies for your criminal assault charges.

If the prosecution can prove, beyond a reasonable doubt, that the defendant intentionally selected the victim because of their race, religious conviction, color, or national origin, a mandatory minimum of thirty days incarceration is statutorily required. 

Keep in mind, that this penalty can be levied even for a simple assault with no physical contact required. 

While Assault and Battery is generally a Class 1 Misdemeanor if bodily injury occurs as a result of a racially or religiously motivated battery the defendant is instead guilty of a Class 6 Felony.

There are other aggravating factors that may result in an increased penalty in a Virginia Assault and Battery case. 

If the defendant assaults a police officer, judge, correctional officer, firefighter, EMT, or another person similarly employed in a public service role the defendant is guilty of a Class 6 Felony and faces a mandatory minimum sentence of six months incarceration. 

Assaulting (or battering) a teacher or health care provider in the course of their duties may also result in an increased sentence.

Defense Strategies Against an Assault and Battery Criminal Charge as Explained By Prince William County Assault Lawyer:

There are a few ways to defend oneself against a charge of Assault and Battery in Prince William County. 

Most commonly, a person will attempt to show that they were defending themselves from an attack. 

If they are able to establish that they responded only with enough force as reasonably required to repel an attack, the defendant is likely to prevail. 

Remember: even if you are not the initial aggressor, you’re not permitted to escalate the altercation.  Physical violence is rarely a proportional response to a verbal assault.
Another defense we alluded to earlier in the article relates specifically to the crime of assault. 

As noted above, the purported victim must be able to establish that there was a reasonable fear of “imminent” harm. 

Comments promising future harm are rarely sufficient to secure a conviction under Va Code 18.2-57.

Don’t Risk Being Convicted of an Assault and Jailed:

If you are facing prosecution in Prince William County for Assault and Battery, you need a team around you with experience. 

You need an advocate to fight for your rights.

You need someone to show the Court that your actions were reasonable and necessary. 

Do not fight this battle alone, call our Prince William County assault lawyer to discuss your assault criminal violation and define a defense strategy.