What is the Difference Between Assault and Battery in Virginia?
In Virginia, assault and battery are two separate offenses with distinct legal definitions. Assault refers to an intentional act that causes the victim to fear immediate harm or offensive contact, while battery refers to the actual physical contact or injury that results from an intentional act.
In other words, assault is the threat of violence or harm, while battery is the actual use of force or violence. To illustrate, if someone swings at another person and misses, that could be considered assault. But if the person makes contact and hits the other person, that would be considered battery.
In Virginia, assault and battery are usually charged together as a single offense, known as "assault and battery," but they can also be charged separately depending on the specific circumstances of the case. The severity of the charges and potential penalties depend on the degree of harm inflicted, the intent of the perpetrator, and other factors such as the victim's age or occupation.
It's important to note that even the slightest physical contact, such as a push or shove, can constitute battery in Virginia if it is done without the victim's consent.
What are the Penalties For Assault and Battery in Virginia?
Whether you face a simple assault charge or an aggravated count of assault and battery, the penalties you face will vary according to the details of your case.
Generally speaking, the potential penalties could range as follows:
- Class 1 misdemeanor conviction: A $2,500 fine and 12 months' jail
- Class 6 felony conviction: $2,500 fine and 1 to 5 years' prison
- Class 5 felony conviction: $2,500 fine and 1 to 10 years' prison
What Is Aggravated Assault in Virginia?
In Virginia, any unlawful attack or threat against another individual that results in bodily injury is considered aggravated assault. This includes intentionally inflicting serious injury on another person or attempting to do so with a deadly weapon, or other means likely to result in death or great bodily harm. In some cases, you can be charged with aggravated assault even if no actual physical contact takes place—if your actions put another person in reasonable fear of imminent harm, it is possible to be convicted.
How To Beat An Aggravated Assault Charge
If you are facing charges for aggravated assault in Virginia, there are a number of steps you can take to help build your defense and possibly beat the charge. Here are some helpful tips:
- Do not speak to the police without a lawyer present. Anything you say or do can be used against you in court.
- Gather evidence that could help support your case, such as eyewitness accounts, security camera footage, or medical records from the time of the event.
- Understanding the elements of Virginia's aggravated assault law and having a clear understanding of what must be proven to convict you on this serious charge.
- Hire a skilled criminal defense attorney who is knowledgeable with assault cases and has experience navigating the Virginia legal system.
- Consider plea bargaining if it is offered by the prosecuting attorney, as it may end in reduced charges and penalties on your part.
Even if you have been charged with aggravated assault and battery, you can be confident in our trial-tested lawyer. Attorney Cline has successfully fought for clients' rights in felony defense cases around the world. No matter how complex your charges are, he has the proven ability and tenacity to help clients navigate the justice system with their rights intact.
Contact Our Assault and Battery Attorney in Hampton Roads Today
At the Law Office of Shawn M. Cline, PC, our Hampton Roads assault and battery lawyer possesses the knowledge and resources to navigate the intricacies of the legal system and fight for your rights. We will diligently investigate the circumstances surrounding your case, analyze all available evidence, and deliver a robust defense strategy tailored to your specific needs. We are dedicated to providing reliable and compassionate guidance throughout the entire legal process. Contact the Law Office of Shawn M. Cline, PC, today to schedule a free consultation!
Contact the Law Office of Shawn M. Cline, PC, today to get started on your defense with our Hampton Roads assault and battery defense lawyer.
