Assault and Battery Defense Lawyer in Fairfax, Virginia
Getting charged with assault and battery can be a life-altering event. Even if you are exonerated, the charges alone can cause considerable damage to your personal and professional reputation in your local community. If you are convicted, the punishment can be quite severe. The stakes are high, which is why it is so important to retain the services of an experienced assault and battery defense attorney in Fairfax.
What Exactly is Assault and Battery?
Assault and battery is a serious criminal offense in the Commonwealth of Virginia. Assault is defined as a situation where someone threatens to commit harm against another individual with a present and imminent ability to act on the threat. Battery is defined as a situation where someone carries out the stated threat and harms another individual. Both actions must occur for law enforcement to charge you for both assault and battery. If you are charged with assault and battery in Fairfax, it is important you understand the penalties for the offense, along with your legal rights. Why? Because understanding the stakes and your legal options can help ensure you retain a top-notch defense lawyer to help build a strong defense and protect your rights.
Ramifications of an Assault and Battery Conviction
An assault and battery conviction can be quite serious and haunt you for years down the road. The penalties associated with a conviction will vary depending on the degree and circumstances of the offense. In Virginia, a conviction often leads to a defendant serving jail time and having to pay a hefty fine. According to Virginia Code § 18.2-57, standard assault and battery is categorized as a Class 1 misdemeanor. If convicted, you could be ordered to serve up to 12 months in jail and have to pay a fine up to $2,500. The penalties for an assault and battery offense will likely increase if the assault and battery is committed in the following circumstances:
- Against a family member;
- Is done as a hate crime;
- Is committed against law enforcement officials, etc.
Some of these more extreme forms of assault and battery could also be charged as felony offenses. In any case, the penalties for an assault and battery conviction are significant. Having such a conviction on your record could lead to difficulty in securing housing, employment, applying to higher educational institutions, and pursuing specific career paths that require licensure.
Where are Assault and Battery Cases Heard in Fairfax?
If you are charged with the misdemeanor offense of assault and battery, your case will likely be heard before a judge in the General District Court in Fairfax, Virginia.
How a Skilled Fairfax Assault and Battery Defense Lawyer Will Advocate for You
If you are charged with assault and battery, there are a litany of different defenses that could be asserted to protect your rights and potentially exonerate you of the charges. For example, if there is evidence showing that an altercation occurred in self-defense or that the incident was an accident, then these facts could prevent the government from convicting you of assault and battery since they alter your intent associated with the incident.
Virginia Assault and Battery Charges
There are many degrees of assault and battery offenses in Virginia:
- 18.2-51 – Unlawful wounding: (class 6 felony)
- 18.2-51 – Malicious wounding (class 3 felony)
- 18.2-51.6 – Strangulation (class 6 felony)
- 18.2-57 – Simple assault (class 1 misdemeanor)
- 18.2-57 – Assault & battery (class 1 misdemeanor)
- 18.2-57 – Assault on law enforcement (class 6 felony)
- 18.2-57 – Assault as a hate crime (class 1 misdemeanor)
- 18.2-57 – Assault as a hate crime with injury (class 6 felony)
- 18.2-57.2 – Assault on a family member (class 1 misdemeanor)
In Virginia, each offense has different circumstances and penalties associated with it. It is important that you understand what your specific offense is so you can prepare the best legal defense possible.
Now is the Time to Take Action – Contact the Dua Law Firm
As you can see, getting charged with assault and battery is quite serious and you deserve a quality defense. Your freedom is on the line. You owe it to yourself to hire a top-notch legal defense. The experienced and skilled Fairfax defense lawyers with the Dua Law Firm will pour over every detail of your assault and battery case and organize the strongest defense they can. We are dedicated to protecting your legal rights and working to give you the most desirable outcome in court. Contact The Dua Law Firm today at (703) 382-7300 for a free, confidential consultation!
Call Raj Dua at (703) 382-7300 or email [email protected] for a free consultation.
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