Assault Law – FAQ
Terms like “assault,” “aggravated assault,” and “assault and battery” are thrown around quite a bit, but it can be difficult to understand exactly what each refers to. While each of these terms defines a type of assault, none of them are exactly the same. If you have been charged with any kind of assault, it is important to understand the nature of the legal situation you’re facing. Thankfully, working with an experienced Arlington, Virginia assault lawyer can help to clarify your case and can help to ensure that your defense against these charges is as strong as it can possibly be.
What’s the difference between assault, aggravated assault, and assault and battery?
Assault is typically charged in two ways: simple and aggravated. Simple assault is treated as a misdemeanor and typically involves either causing physical harm or threatening to make someone believe they will be physically harmed. Aggravated assault is usually treated as a felony. It generally involves causing physical harm with the intent of inflicting lethal harm. This kind of assault can also involve the use of a deadly weapon. Battery simply means physically harming someone with the intention of hurting them, so assault and battery often go hand in hand. It is worth noting that these definitions are fairly generalized. Therefore, it is important to speak with an Arlington, VA assault lawyer about the nuanced way your charges are defined and how they will be treated under the law.
Is sexual assault treated as a misdemeanor or a felony?
All sexual assaults are considered felonies, with few exceptions. For example, fourth-degree sexual assault, in which no minors are involved and there is no penetration, could be considered a misdemeanor. However, every sexual assault charge is serious, no matter how it is classified. If you have been charged with sexual assault, please contact an Arlington, VA assault lawyer now.
Can a victim sue if they have been assaulted?
Yes, though results vary from case to case based on the type of damages the victim has sustained. Damages can be physical injuries, psychological damages, or even property damages. If you have concerns that you may be sued in civil court (as well as charged in criminal court) for assault, please speak with an Arlington, VA assault lawyer about your situation.
What are some common assault lawsuit roadblocks?
Three of the most common roadblocks in assault lawsuits are consent, privilege, and self-defense. If the defendant can make a case with any of these three things, it’s likely that a civil lawsuit and/or criminal charges against the accused will be dismissed.
How do consent, privilege, and self-defense affect assault cases?
If someone agreed to the possibility of getting hurt, such as when they signed up for a contact sport, a personal injury or assault claim may be difficult to see through. In the case of privilege, this can serve a defense for police officers who used force during an arrest. Self-defense implies that the plaintiff attempted to harm the defendant first.
Assault is a complex topic in terms of the law, and nobody expects you to understand it alone. If you have questions or have been charged with assault, please consider connecting with a member of the legal team at May Law, LLP today. We are here to help and to aggressively defend your rights whenever necessary.
Assault Law in Virginia
The law of Assault & Battery in Virginia, with a few exceptions, is a Class 1 Misdemeanor punishable by up to 12-months in jail and fine up to $2,500. If you or someone you care about is charged with Assault & Battery, you should consider consultation with an Assault Lawyer Arlington VA.
What had been two distinct crimes historically, have been consolidated in Virginia law. An Assault Lawyer Arlington VA will explain that Battery is any unlawful touching of another without justification. A battery requires physical contact that is offense or causes some injury, while an Assault can be committed without physical contact. An Assault can be merely an attempt or threat to inflict injury on another.
Virginia law treats an Assault and Battery against a family member very differently than a “simple” Assault & Battery, both procedurally, and in terms of the potential punishments. An Assault Lawyer Arlington VA can help you navigate these very important distinctions.
There are also situations where, based upon the specific character of the victim, an Assault & Battery conviction could include a mandatory jail sentence or could even be prosecuted as a Felony. A few examples of these distinctions include Assault & Battery against a law enforcement officer, a teacher, or a hospital worker. Additionally, there can be more severe punishments when the victim to selected based on race, religion, or national origin.
In most cases, an Assault & Battery allegation results in an arrest. You may benefit from consultation with an Assault Lawyer Arlington VA immediately to assist with bond issues and an initial court appearance called an Arraignment.
Moving forward, an Assault Lawyer Arlington VA can assess the evidence in your case to identify defenses and prepare for a trial. The will include the Discovery process by which you might have formalized access to the prosecution’s evidence in advance of the trial date. Defenses to Assault & Battery could include things like self-defense, defense of others, or defense of property.
A comprehensive defense is likely to include some discussion by your Assault Lawyer Arlington VA with the prosecuting attorney regarding resolutions that do not involve a trial. A few examples are traditional plea bargains, where a punishment could be agreed upon, or a reduced charge might be discussed. A diversion of prosecution called Suspended Imposition of Sentence (SIS) might be applicable in some Assault & Battery cases whereby a case could be dismissed after a period of successful probation. An Accord & Satisfaction agreement entails a dismissal of the criminal charge based upon a settlement between the accused and the victim. An Assault Lawyer Arlington VA can determine where these alternatives might apply and bring them to bear when possible.
Talk with May Law, LLP Today
If you or someone you care about has been accused of Assault & Battery in Arlington, Virginia, it may be a smart decision to consult an experienced Assault Lawyer Arlington VA. May Law, LLP offers immediate legal assistance for Assault & Battery cases. If you’re in need of an Assault Lawyer Arlington VA, call May Law, LLP now at (703) 312-0410 and schedule a free consultation.