Fairfax Assault & Battery Attorney
When you have been charged with simple assault or assault and battery, you do not want to face these charges on your own. While many assault and battery charges are misdemeanor offenses, these offenses can also be charged as felonies in certain circumstances. Even misdemeanor charges are taken extremely seriously in Virginia, and many of these types of offenses result in jail time or imprisonment. In addition, having a criminal record can limit your employment eligibility in the future in addition to limiting other opportunities you may have. To be clear, you will have that criminal record for life unless you are pardoned.
Do not make the mistake of attempting to handle an assault and battery case on your own when the aggressive Fairfax assault & battery attorneys at our firm can build a defense that is designed specifically for your case.
What Are Assault and Battery in Fairfax, VA?
Many people assume that assault involves physical violence, or that assault and battery are always charged together. In fact, assault on its own does not involve any kind of physical touching. Rather, assault is a separate crime from battery that involves a threat that puts another person in reasonable fear of imminent bodily harm, or a battery. Assault and battery often are charged together because assault (or a threat of harm) often is followed by unwanted physical touching (battery).
To be clear, battery does not have to produce physical harm, but it does require proof of unwanted physical touching. At the same time, however, it can involve physical touching that results in physical harm or injury. For example, if a person picks up a rock and threatens to throw it at another person, that act would constitute an assault. If the person throws the rock and it hits and injures the other person, that is a battery. Yet assault and battery can also look much different. For example, if a man tells a woman at a bar, otherwise unknown to him, that he is going to put his arm around her, the woman might be extremely uncomfortable and in fear of the man harming her. This could constitute assault. If the man does put his arm around the woman despite the fact that she says she does not want him to, this could constitute a battery.
Penalties for Assault & Battery in a Fairfax, Virginia Case
Under Virginia law (Code of Virginia § 18.2-57), a simple assault, along with assault and battery, are typically charged as Class 1 misdemeanor offenses. Upon conviction, a Class 1 misdemeanor offense can result in a fine of up to $2,500 and up to 12 months in jail. In certain cases, however, assault or assault and battery can be charged as felony offenses. For example, an assault and battery committed against a person because of that person’s race, religious conviction, color, or national origin is a Class 6 felony offense.
Contact a Fairfax Assault Attorney Today
When you are facing charges for assault and battery, you could be facing a misdemeanor or a felony offense depending upon the specific facts of your case. The experienced Fairfax criminal defense attorneys at our firm can assist you. Contact Simms Showers LLP to learn more about how we can assist you.