Brambleton Assault & Battery Attorney
Confronting charges of simple assault or assault and battery alone is a daunting task. These offenses, though often classified as misdemeanors, can also be escalated to felonies under particular circumstances. Virginia treats even misdemeanor charges with extreme severity, with many of these offenses resulting in jail time or imprisonment. Moreover, having a criminal record could curtail your future employment prospects and other opportunities. It’s essential to remember that barring a pardon, a criminal record is a lifelong burden.
Don’t risk navigating an assault and battery case independently when the assertive Brambleton assault & battery attorney at our firm can develop a defense tailored specifically for your case.
Understanding Assault and Battery in Brambleton, VA
It’s a common misconception that assault necessarily involves physical violence, or that assault and battery are invariably charged together. Contrarily, an assault, in itself, doesn’t require any physical contact. It’s distinct from battery and is characterized by a threat that instills reasonable fear of imminent bodily harm or battery in another person. Because a threat of harm (assault) often precedes unwanted physical contact (battery), assault and battery are frequently charged in tandem.
Clarifying further, battery doesn’t mandate proof of physical harm, but it does require evidence of undesired physical contact. However, it can include physical contact that causes harm or injury. For example, if a person lifts a rock and threatens to hurl it at another, that act would be an assault. If the person throws the rock, and it injures the other person, that’s a battery. But assault and battery can also manifest differently. Let’s say, if a man at a bar, unknown to a woman, tells her he’s going to put his arm around her, and this makes her extremely uncomfortable and fearful of harm, this could be an assault. If the man disregards her rejection and puts his arm around her, this could be a battery.
Penalties for Assault & Battery in a Brambleton, VA Case
As per Virginia law (Code of Virginia § 18.2-57), a simple assault, as well as assault and battery, are usually charged as Class 1 misdemeanor offenses. A conviction for a Class 1 misdemeanor can attract a fine of up to $2,500 and up to 12 months in jail. However, in certain situations, assault or assault and battery can be charged as felony offenses. For instance, an assault and battery committed against a person due to their race, religious belief, color, or national origin is considered a Class 6 felony offense.
Connect with a Brambleton Assault Attorney Today
Facing charges for assault and battery means you could be dealing with either a misdemeanor or a felony offense, contingent on the specific facts of your case. The seasoned Brambleton assault & battery attorney at our firm can help. Contact Simms Showers LLP to learn more about how we can support you.