Whenever a person hears the word “assault,” the first thing that often comes to mind is that someone has injured or hit another person. However, legally, “assault” refers to a situation where one person has placed another in a fearful state of imminent offensive injury or touching. In fact, in some cases, you can be charged with assault without even putting a hand on the other person.
On the other hand, the term “battery” refers to another person’s harmful or offensive touching. It is important to note that touching anyone on purpose without them wanting to be touched is technically considered a battery offense. If you are charged with assault, it can be challenging to know the best way to deal with the police. Charges for assaults range from a misdemeanor to a felony.
This is why it is crucial to seek the services of a highly skilled and experienced Fairfax County assault lawyer. A Fairfax County assault lawyer will explain the law and the best defenses to take based on the specific case facts and discuss anything relevant to your case. If you have been charged with assault, contact an experienced criminal defense attorney immediately.
Assault charges are legally defined as making someone fearful of being hurt or touched in an unwanted way. In Virginia, this law is found under Assault and Battery Code 18.2-57. Assault and battery charges vary in their severity and classifications, which include:
Racially motivated assaults mean an assault motivated by race, color, ethnicity, country of origin, or religion. If a person is found guilty of racially motivated assault, they will receive a jail sentence of at least six months. In addition, the assault would be classified as a Class 6 felony if the alleged victim suffered severe aggravated malicious wounding. It is important to note that felony cases affect the offender’s future rights, and the offender may serve a prison sentence of up to 5 years.
Simple assault is classified as a Class I misdemeanor. The maximum sentence for this crime is one year in jail or a fine of up to $2,500.
All assaults with intent to injure involve some level of acts of violence. For this reason, they are classified as a Class 3 felony as directed by Virginia’s Statute Code 18.2-51. The Virginia court will convict the offender with a Class 6 felony if the person is found guilty of a malicious act of violence. Any person facing a felony assault charge should seek the services of an experienced defense attorney immediately.
Aggravated assault occurs when the defendant maliciously, intentionally, and seriously injures another person to a point where they cause permanent harm. In that case, the crime will be classified as a Class 2 felony, based on Virginia’s statute code 18.2-51.2. This crime also applies to a person who causes the involuntary termination of another person’s pregnancy.
Assault against a household member is often called “domestic abuse” or “domestic assault.” It is a crime against someone who lives in the same house, is romantically involved, or is a sibling. This offense is classified as a Class 1 misdemeanor according to Virginia’s Statute Code 18.2-57.2. You should note that the court will issue a steeper penalty for third and higher convictions in Virginia for this offense.
If facing an assault or criminal charges, do not face the justice system alone. Instead, call an experienced and skilled assault lawyer in Fairfax County today. Remember, you have the right to Northern Virginia assault attorneys. Take advantage of this legal right and allow a professional person to help you with your legal charges.
All you must do is contact a Fairfax county assault lawyer to know more about your legal options, what to expect, and to get answers to any questions you may have. Every assault case is unique, even if they are classified as the same type. Talk to a Northern Virginia assault attorney to learn what you can do to protect yourself and your future from aggravated assault charges and other consequences related to felony or misdemeanor charges.
