How an Assault and Battery Lawyer in Virginia Can Help
Assault and battery are two separate charges. The definition of assault is considered to be the act of threatening somebody with bodily harm or offensive contact, or the attempting of such an act. Meanwhile, battery is enacting an act that leaves someone physically harmed, or having offensive contact with somebody without their permission.
So, more or less, if you are given an assault and battery charge, it means that you threatened someone and then acted on that threat in a physical manner. In Virginia, an assault and battery charge at its most basic level is covered under Virginia Code section 18.2-57, which indicates a person who is found guilty of assault and battery will be guilty of a Class 1 Misdemeanor.
In Virginia, the maximum time for an assault and battery charge, at the simplest level of such a charge, is one year in jail and a fine of $2500. However, there are other types of assault and battery charges that may have differing punishments.
Types of Assault and Battery Charges
There are at least five types of assault and battery charges. Knowing the different types of charges you can have, can help you find a lawyer in Virginia that can help you fight your charges, such as one from May Law, LLP.
The five types of charges are:
- Simple assault
- Aggravated assault and battery
- Sexual assault
- Domestic violence
- Aggravated assault
Simple assault is when a person attempts to harm another person, or attempts to cause them to fear for their lives by being a menace. This charge does not require actual physical contact with someone. This form of assault is punishable by up to one year in jail and a $2,500 fine.
Aggravated assault and battery is classified as a Class 2 felony in Virginia. This form of assault and battery includes but is not limited to an individual shooting, stabbing, or otherwise wounding another person with the malicious intent to disfigure, disable or kill the victim. This charge will only stick if the victim is severely injured and has a permanent impairment. The punishment for this, at its most basic level, is the same as a simple assault case. However, if a case can be made for aggravated malicious wounding, this is punishable by a prison term of twenty years to life.
Examples of Defenses Your Lawyer May Be Able to Make
- Defense of self.
- Defense of others.
- Accidental contact.
- Lack of malice.
When it comes to who gets charged with what in these cases, it depends on witnesses and what they tell the investigating officers. That is why it is important to ensure that your intent is clear. If you were attacked first by an assailant, and you were charged with assault, when you were only defending yourself or another person, have your lawyer contact any witnesses. Especially if they took video. That video may shine light on the truth and allow you to charge the assailant with assault instead.
If you are involved in an assault and battery incident, reach out to an assault and battery lawyer from May Law, LLP as soon as possible.