If you or a loved one have been charged with felony assault or battery chargers in Virginia, you need to act fast to fight back. These penalties could be life-changing. Read on to learn more about these charges, and schedule a free, no obligation criminal case evaluation with The Law Office of Scott C. Nolan, PLLC if you have been arrested for felony assault or battery.
What Is Battery?
Battery exists in both tort and criminal contexts. It is defined as follows:
In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person’s consent.
In tort law, the intentional causation of harmful or offensive contact with another’s person without that person’s consent.
What Is Aggravated Battery?
In criminal cases, there exists the charge of battery, and then there’s aggravated battery. Aggravated battery is battery which involves an aggravating circumstance that makes the crime more severe. Liability and sentencing for aggravated battery is typically harsher than that for regular battery.
What Is Assault?
In the context of one person performing a physical, violent act against another person, assault is typically paired with battery. In an act of violence, assault is defined as the actual act or situation that caused the victim to become physically harmed or injured, and battery is the term used for the actual act that caused the harm, such as the punch or kick that hurt the victim in question.
What Is Simple Assault Or Simple Battery
It’s important to learn the difference between simple assault and simple battery. Simple assault is the least serious, least punishable form of an assault of battery charge. It typically involves a minor injury, or a threat of violence that was limited. Under Virginia state law, simple assault or battery are charged as a misdemeanor.
What Is Felony Assault Or Battery?
Felony assault or battery are more serious criminal charges. If the victim in question has been threatened with considerable violence, violence that would amount to much more than just a punch, kick or slap.
There are many instances in which a person can be charged with felony assault or battery in Virginia. Below are some examples:
Harming someone while concealing your identity
Harming someone with such force that it results in physical injury, including disfigurement or other permanent damage
Assault or battery while trying to commit another felony like theft, or sexual assault
If you harm a member of a “protected class,” such as a law enforcement officer, a doctor, nurse or other health care provider, a social services employee, a developmentally disabled individual or an elderly individual
Striking someone or threatening them with a gun or other dangerous weapon
What Are The Penalties For Felony Assault And Battery In Virginia?
Each state governs felony assault and battery in their own way, so it’s important that you connect with a criminal defense attorney who is knowledgeable regarding this area of law as it pertains to your specific state.
Under Virginia state law, felony assault and battery have the potential to be punishable by one year in prison to as long as twenty five years in prison. The judge may have discretion when it comes to how long you will go to prison, or if you can serve any portion of that sentence out of jail and on probation instead.
If you or someone you love have been charged with any kind of assault or battery in Virginia, you need to act fast to make sure you can fight back against these charges. It’s crucial that you schedule a free criminal case evaluation with a Fairfax criminal defense lawyer as soon as possible. The sooner you consult with an assault and battery lawyer, the sooner you can get started creating a strong case for your defense.
Schedule A Free Consultation With A Fairfax Criminal Defense Lawyer About Your Felony Assault And Battery Charges As Soon As Possible
As previously mentioned, a felony assault and battery charge could land you a twenty five year sentence in prison. This is too high a risk to accept. You need to contact Fairfax criminal defense attorney Scott C. Nolan, PLLC as soon as possible for a free consultation. In your free consultation, you can expect to discuss the details of your case, and to receive sound legal advice that prepares you to move forward.
Not all Fairfax assault lawyers offer a free consultation, but The Law Office of Scott C. Nolan, PLLC is committed to protecting the rights of Virginia residents, and will stop at nothing to fight on your behalf and minimize your penalties as best as possible.