ARLINGTON ASSAULT LAWYER

Have you been charged with Assault and Battery in Arlington County Virginia? Our Arlington Assault Lawyer can fight your case in court and defend your legal rights.

read important details about the assault, its penalties & defenses:

What is Assault and Battery in Arlington Virginia?

Code of Virginia §18.2-57 describes the range of penalties you’re facing if convicted but does not go into great detail into what “Assault and Battery” means.  

You may be surprised to learn that Assault and Battery refer to two distinct crime acts.

An “assault” is an intentional action that causes the victim to have an apprehension of imminent physical harm or offensive contact. 

There is no requirement that actual physical contact is made.  A missed punch or chasing someone down the street is both assault. 

Even merely threatening to attack someone can be an assault under the law.  However, the threat must be for imminent violence. 

Threatening to beat someone up next week, for instance, shouldn’t result in an assault conviction.

A “battery,” on the other hand, is an unlawful physical contact with another person. 

This includes any sort of offensive and nonconsensual contact. Most people recognize that violent acts like punching or shoving are batteries. 

But many people are unaware that any sort of unwanted contact, such as an unwelcome touch while riding Metro, can be charged like a battery. 

In that situation, additional charges may also apply because of the action’s sexual nature. Make sure to contact our Arlington Assault Lawyer for a free consultation and evaluation of your case.

What are the Penalties for Assault and Battery?

Assault and Battery is a Class 1 Misdemeanor, and as such, carries a sentence of no more than twelve months in jail and a maximum fine of $2,500.00. 

There is a wide range of outcomes if convicted.  Where the defendant finds themself on within that range will depend on the defendant’s criminal history and the specific facts of the case.

When an Assault and Battery occurs as a result of racial, national, or religious animus, the defendant faces a mandatory minimum 30-day jail sentence.

In these cases, the prosecution must prove, beyond a reasonable doubt, that the defendant intentionally selected the victim because of their race, religion, color, or national origin. 

If serious bodily injury results from a racially or religiously motivated battery, the defendant may be charged with a Class 6 Felony.

Other aggravating factors can exist which elevate Assault and Battery from a Class 1 Misdemeanor to a Class 6 Felony. 

Examples include assaulting a police officer, first responder, or teacher in the course of their duties. 

These cases can result in a statutorily required six-month incarceration.

What Are Assault And Battery Defenses? 

There are a few ways to prove your innocence when charged with Assault and Battery in Arlington County. 

Often a defendant will plead not guilty by reason of self-defense.  The proportionality of the defendant’s actions is of great importance as the defender is only permitted to use enough force as necessary to repel an attack. 

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 Detention Contact us Now:

If you are facing prosecution in Arlington 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 the attorneys at The American Lawyers Group today to schedule a free consultation.