OUR FAIRFAX DEFENSE ATTORNEY WILL FIGHT YOUR ASSAULT AND BATTERY CHARGES

Being charged with assault or battery is serious. You could be sent to jail, placed on probation, and ordered to pay a substantial fine. But simply because you’ve been charged with a crime, it doesn’t mean that you’re guilty. You have rights and options. Good legal help is available—an experienced Fairfax assault and battery attorney can help you understand your case and fight the charges.

You’re about to learn what constitutes assault in Virginia, what constitutes battery, how these crimes are penalized, and what to do if you are charged with either crime or both. Although the words “assault” and “battery” are commonly used together, in Virginia they are separate crimes. Speaking with a knowledgeable assault and battery lawyer early in the process can make a significant difference in how your case is resolved.

How are assault and battery defined by Virginia law? Battery is defined as touching another person – without that person’s consent – in a vengeful or aggressive manner. Assault is defined as putting another person in reasonable fear of an imminent battery.

WHAT IS “SIMPLE” ASSAULT?

In this state, assault can happen at the same time as battery, or it can happen with no battery taking place. When battery doesn’t occur, the crime is usually charged as “simple” assault.

In fact, “simple assault” is the most common charge an assault and battery lawyer in Virginia handles. It’s classified as a Class 1 misdemeanor and is punishable upon conviction by up to twelve months in jail and a fine of up to $2,500.

However, when the assault involves aggravating circumstances—such as strangulation, use of a weapon, or what Virginia law refers to as “malicious wounding”—the charge becomes far more serious. In these cases, the offense is elevated to a felony, carrying potential penalties of five to twenty years in prison along with significant fines.

If you’ve been accused of any of these offenses, speaking with an experienced assault and battery lawyer is one of the most important steps you can take to protect your rights and begin building a strong defense.

WHO ARE PERSONS OF “PROTECTED” STATUS IN VIRGINIA?

A felony is also the charge when an assault is committed upon a “protected” victim and the alleged perpetrator knows about the victim’s protected status. Protected persons include:

• correctional officers and employees
• emergency medical personnel
• law enforcement officers, firefighters, and judges

If you’re facing this type of charge, an experienced assault and battery lawyer can help you understand the seriousness of the accusation and build a defense based on the facts of your case.

HOW IS “DOMESTIC” ASSAULT AND BATTERY HANDLED?

“Domestic” assault is an assault against a family member or a household member. It is charged as a misdemeanor unless the assault is aggravated or unless the defendant has prior convictions for any crime of domestic violence. Family members and household members include:

1. spouses and former spouses or unmarried parents of the same child
2. parents and children
3. grandparents and grandchildren
4. siblings or in-laws who live in the same residence
5. any persons who have lived together in the same residence in the previous year

WHAT ARE THE PENALTIES FOR ASSAULT AND BATTERY CONVICTIONS?

Listed here are the assault and battery crimes most frequently prosecuted in Virginia and the possible penalties for convictions.

Simple assault, assault and battery, assault on a family member, and assault as a hate crime are Class 1 misdemeanors punishable on conviction with up to twelve months in jail and a fine of up to $2,500.

Assault on a law enforcement officer, strangulation, and unlawful wounding are Class 6 felonies punishable on conviction with up to five years in prison and a fine of up to $2,500.

Malicious wounding is a Class 3 felony punishable on conviction with up to twenty years in prison and a fine of up to $100,000. An experienced Fairfax assault and battery lawyer can evaluate the charges against you and develop a defense strategy aimed at reducing or dismissing those penalties.

HOW CAN YOU FIGHT AN ASSAULT CHARGE IN VIRGINIA?

Self-defense is the most common defense offered in assault and battery cases. To establish self-defense, a defendant must demonstrate that he or she:

• was responding to a plausible threat of unlawful force or harm
• honestly and reasonably feared harm
• did not provoke the other person
• perceived no reasonable chance of retreating or escaping from the situation

The defense of others is a claim similar to self-defense, with the only difference being that the individual must have had an honest and real fear of harm to another person. Other defenses that may be offered against assault and battery charges include:

• You’ve been misidentified, and someone else committed the crime.
• No assault happened, and you are the victim of a fabricated allegation.

An experienced assault and battery lawyer in Fairfax can help determine which defense strategy best applies to your specific case and circumstances.

WILL YOU NEED A DEFENSE ATTORNEY?

Of course, the details of your defense will depend on the details of the charge against you. To avoid a conviction, you’ll need to have a Fairfax assault and battery attorney review the charge or charges against you and develop an appropriate, effective defense strategy on your behalf.

The right defense strategy is crucial, but prevailing against an assault or battery charge will also require the skills of a criminal defense attorney who will fight for justice, protect your rights, and bring your assault or battery case to its best possible outcome.

GET IN TOUCH WITH ASSAULT OR BATTERY CHARGE ATTORNEY IN FAIRFAX

Since 2000, Fairfax criminal defense attorney Scott C. Nolan, PLLC has represented clients facing assault and battery charges in the Fairfax area and throughout Northern Virginia.

He is a member of the National Association of Criminal Defense Lawyers. He has a 10.0 “Top Lawyer” rating with AVVO, the national attorney rating service. He’s an attorney that thousands have relied on over the last two decades.

To learn more, or to schedule a legal consultation, call The Law Office of Scott C. Nolan, PLLC’s law offices or reach out to him online. If your future and your freedom are at risk because you’ve been charged with assault or battery, having good legal help is your right.