Protect Your Rights and Freedom with a Strong Defense Lawyer on your Side!
Assault and Battery charges can frequently result from a dispute where it is not always obvious who was the aggressor or instigator. But the person who gets arrested is often the person who doesn’t call the police first.
Having an experience defense attorney to defend your legal rights and plead your case can be the difference between serious penalties and a dismissal.
What is Assault and Battery?
Assault is defined as the intent to engage in harmful or offensive contact. You can be charged with assault even if you didn’t make physical contact with the other person.
Battery is defined as the actual physical, harmful contact.
If you cause serious bodily injury to another person, you can also be charged with malicious wounding, a felony.
Virginia Assault & Battery Penalties
It is a Class 1 Misdemeanor, with a maximum penalty of up to 1 year in jail.
If an assault is performed upon someone selected based on race, religion, color, or national origin (aka a “hate crime”), there is a mandatory minimum of 30 days in jail.
If an assault is performed (knowingly) upon a law enforcement officer, corrections officer, firefighter or other emergency or public safety official in the performance of their duties, the charge is a Class 6 Felony with a mandatory minimum of 6 months in jail.
If an assault is performed (knowingly) upon a teacher, principal, guidance counselor, or other school official, there is a mandatory minimum of 2 days in jail.
How to Beat the Charge – Defense Strategies that Work!
Depending on the facts of your case, I might argue:
- Self Defense. You are allowed to defend and protect yourself against the aggressive acts of another. This is probably the most common defense.
- Intent. Assault must be deliberate, not accidental.
I’ll also commonly argue for a dismissal if we can agree to restitution to the injured party. This will usually involve monetary compensation in exchange for dropping the charges. Frequently the judge and the court will go along with this if the victim is agreeable. (This does not apply in domestic assault cases.)
If you are facing these charges in Virginia, call me anytime to schedule a no-obligation, no-risk, free consultation at (888) 205-9314.We’ll talk to you about your case, and let you know exactly what we can do to help.
The Attorneys of VaCriminalDefenseLawyer.com