Virginia Assault Lawyer

Let us fight your criminal assault charges in court. As a Virginia Assault Lawyer, have defended many client’s legal rights in Virginia courts. 

read below important details about penalties and defense strategies of a criminal assault:

What Constitutes As Assault?

One of the most common charges of violence in Virginia is Assault and Battery.

The crime of Assault is normally committed by performing a physical act intended to cause physical harm while having the ability to inflict harm or placing the victim in reasonable fear of offensive touching, harm, or danger.

There are different degrees of Assault such as Simple Assault or Aggravated Assault. 

The latter is the most serious form of Assault and is given the harshest punishment because it involves severe bodily harm and no consideration for the value of human life.

Whereas, Simple Assault is a form of assault that receives the lightest punishment.

This is where a person attempts to hurt another person or causes injury but just not physically. 

In Virginia, the two criminal offenses of Assault and Battery are penalized under the same statute (Va. Code Ann. Section 18.2-57.2) despite being two distinct crimes.

Please contact our Virginia assault lawyer to discuss your case and the potential defense strategies.

What Constitutes As a Battery?

The offense of Battery is normally defined as an offense where there is harmful contact with another person.

The type of contact need not be extremely serious, it just has to be offensive to the victim.

The major difference between the two crimes is that Assault is a threat of harm whereas Battery is the act of actually harming another person. 

These crimes are often charged together. The reason for this is when someone commits battery they usually have the intent to cause harm to the other and threaten the victim before committing the physical act.

Penalties for Assault and Battery Charges

Assault and Battery are covered under Va. Ann Code. §18.2-57 which states, ‘any person who commits an Assault and Battery against a family or household member is guilty of a Class 1 misdemeanor.’

Depending on the state and the seriousness of the crime, the punishment can start from 5 years to almost 25 years in prison. 

According to the Virginia Code, Simple Assault is punishable by up to 1- the year of incarceration or a fine up to $2,500 as per the judge’s discretion.

Similarly, Assault and Battery are also punishable for up to 1 year in prison and a fine of $2,500.

However, the crime of Aggravated Assault is classified as a felony and is punishable by a prison term of 20 years- life imprisonment. 

In the case where someone has already been convicted previously of two similar charges in the last 20 years, this offense is a Class 6 felony that is punishable for up to 5 years in prison.

The court can also issue an emergency protective order in such cases prohibiting the person charged with Assault and Battery to have contact with the victim.

And so, in addition to the arrest, the person convicted of such an offense will be prohibited from returning home for a few days.

Variations of Assault and Punishments

The laws relating to Assault under the Virginia Code also protect a certain class of individuals.

It makes it a felony offense if the defendant knows or has reason to know that the victim comes under one of the protected individuals.

Such protected individuals include correctional officers and employees, law enforcement officers, firefighters, judges, and emergency medical personnel. 

Moreover, there are different variations of assault charges which include Assault on a minor or juvenile, sexual assault, and Assault with the intent to murder.

These are all classified as felonies and carry the same penalties of jail time and fines.

The charges are most likely to be enhanced if the person convicted has prior offenses on their record.

Defenses to Assault and Battery

The most common defense to an Assault or Battery charge throughout all jurisdictions is mutual consent that means that there was no one-sided attack, and both parties had agreed to the situation.

Other defenses may include accidental contact, lack of malice, self-defense, defense of others, or defense of property.

Why is it Recommended to Hiring an Experienced Virginia Assault Lawyer?

A conviction of Assault and Battery is a serious criminal offense.

The laws in Virginia regarding Assault and Battery are complex and can be convoluted.

If you or a loved one is charged with Assault and Battery, you will need help with understanding the charges against you and have an experienced Virginia attorney by your side to defend you.

The attorneys here at the American Lawyers Group have years of experience with handling thousands of clients and providing them with strong and effective representation.

Contact us immediately if you face any such charges.