Assault & Battery
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 is a serious offense and consulting with a Virginia criminal attorney will help you better understand your charge, the possible consequences, and possible defense strategies. At Robinson Law, 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 can be at ease knowing your future—and your freedom—are in good hands.
An Experienced Virginia Criminal Lawyer Defines Assault and BatteryAssault & Battery is 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, is what determines whether or not battery as 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.
The Commonwealth of Virginia classifies assault & 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, and
- 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 carries a minimum of six months in jail. And if the targeted victim suffers actual injury as a result, it is a Class 6 felony which carries a mandatory minimum of six months in jail—possibly more. There are also increased punishments for domestic violence offenses.
Criminal Lawyer for Domestic Violence & Assault on Family Member in Virginia
Domestic violence and family assault refer to certain types of crimes that are committed against family members and those living in the same home. Generally, these crimes involve some element of violence, force, or threat that either results in the alleged victim being injured or places then in immediate fear of injury.
A domestic violence case typically involves charges of assault and battery, stalking, or threats. Additionally, to be considered domestic violence or family assault, the offense must be committed against one of the following:
- Spouse,
- Former spouse,
- Roommates or anyone living in your home,
- In-laws (if you live in the same home), and
- Anyone you lived with within the past year as well as their children.
Because of the seriousness of a Malicious Wounding charge, many points have to 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 s/he committed the act. It also must be proven, obviously, that the act was done with malice. In addition, the victim must be severely injured, often with a permanent physical impairment resulting as well.
Schedule a Free Consultation with an Experienced Virginia Assault & Battery LawyerWhether 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 type of 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. To learn more about how we can help you defend against the charges you face, give us a call at (703) 844-3746. You can also connect with us through our online form.