Dedicated Fairfax Criminal Defense Lawyers Defending The Rights Of Clients Charged With Violent Crimes
If you’ve been charged with assault and battery in Fairfax, Loudoun, Prince William, or throughout northern Virginia, you could be facing significant penalties. Assault and battery are serious offenses, and consulting with a Virginia criminal attorney will help you better understand your charge, the possible consequences, and possible defense strategies. At Lawyer Up Virginia, we have decades of experience representing clients charged with violent crimes in Virginia, including assault and battery offenses. Our lawyers will defend your rights at every stage of the process so you know your future and your freedom are in good hands.
An Experienced Virginia Criminal Lawyer Defines Assault And Battery
Assault and battery are the unlawful touching of another person. The contact does not necessarily need to result in an injury. The intent of the aggressor, rather than the force used, determines whether or not battery has taken place. Simple assault is either attempting battery on another person or putting that person in reasonable fear of battery. In other words, assault is a verbal threat.
What Is Assault?
Virginia defines assault as making intentional nonphysical threats to cause physical harm. Those threats can either be verbal, such as vocalizing your intent to harm someone, or nonverbal, such as putting your fists up or grabbing an object. It’s also important to note that assault and battery are viewed as separate offenses under Virginia law.
Understanding Different Types Of Assault Charges
In Virginia, not all assault charges carry the same severity. Here are the big ones to be aware of:
- Simple assault: When someone attempts to harm another individual physically or makes them feel unsafe through threats or intimidation.
- Assault and battery: When someone threatens to harm another individual and then follows through with their actions. For example, one person threatens to punch someone (assault) and then punches them (battery).
- Aggravated malicious wounding: A more violent and intentional form of battery. It can result in a felony charge if the defendant intended to kill, disable or disfigure the alleged victim, hurt them by shooting or stabbing them, or caused other forms of severe bodily harm.
Any of these assault charges can damage your record and hinder your future. Don’t wait to seek help, we can represent you.
What Are The Punishments For Virginia Assault And Battery Crimes?
The Commonwealth of Virginia classifies assault and battery as a Class 1 misdemeanor. Thus, a conviction for assault and battery carries the following penalties:
- Up to 12 months in jail,
- A fine of up to $2,500
- Any court-ordered restitution to the victim.
However, if the alleged victim was targeted because of their race, religion, gender, disability, gender identity, sexual orientation, color, or national origin, the offense can be considered a hate crime and can result in a minimum sentence of six months in jail. And if the targeted victim suffers an actual injury, it is a Class 6 felony with a mandatory minimum of six months in jail – possibly more. There are also increased punishments for domestic violence offenses.
Criminal Lawyer For Domestic Violence And Assault On Family Member In Virginia
Domestic violence and family assault refer to certain crimes committed against family members and those living in the same home. Generally, these crimes involve violence, force, or threat that either results in the alleged victim being injured or placing them in immediate fear of injury.
A domestic violence case typically involves charges of assault, battery, stalking, or threats. Additionally, to be considered domestic violence or family assault, someone must commit the offense against one of the following:
- Former spouse
- Roommates or anyone living in your home
- In-laws (if you live in the same home)
- Anyone you lived with within the past year as well as their children
Malicious Wounding Lawyer In Virginia
Because of the seriousness of a malicious wounding charge, many points must be proven in court for a person to be convicted. The prosecution must prove that the defendant shot, stabbed, cut, wounded, or caused bodily injury to someone else with the intention of inflicting bodily injury as he/she committed the act. It also must be proven that someone acted maliciously. In addition, the victim must be severely injured, often with a permanent physical impairment.
Schedule A Free Consultation With An Experienced Virginia Assault And Battery Lawyer
Whether you have been charged with assault and battery, simple assault, domestic violence, strangulation, or malicious wounding, even the best criminal lawyers know that building a defense in any assault case is no simple task. With prosecutorial backgrounds, our criminal lawyers are prepared to examine your case from all angles. From there, we will work with you to develop a compelling defense designed to minimize the impact the case has on your life. We handle all types of violent crimes, including Virginia sex crimes.