What to Expect in an Ordinary Assault Case

Eventually, most defendants can expect an out-of-court settlement in an ordinary assault case. Over 95 percent of criminal cases settle out of court. However, “eventually” can be a long time, because a settlement is a process, not a result.

Furthermore, it’s important to consider not only the direct effects, but the collateral effects as well, especially if the defendant is a non-citizen or involved in a family court proceeding.

No matter how long “eventually” lasts, a Leesburg criminal defense lawyer advocates for ordinary assault defendants, both in the courtroom and during pretrial settlement negotiations. Since assault is a violent crime, these cases have a number of moving parts. If the state cannot prove every element of every offense beyond any reasonable doubt, the defendant is not guilty as a matter of law.

The Charge

In Virginia, “assault and battery” is usually a Class 1 misdemeanor, which is one step below a felony. It can involve:

• Threatening or attempting to cause harmful contact (assault), or
• Actual unwanted physical contact done in a rude, angry, or offensive manner (battery).

No serious injury is required. Even minor contact can qualify if it was intentional and offensive. Possible penalties include up to 12 months in jail and up to $2,500 fine.

The aforementioned collateral consequences may include a protective order. These civil orders are very common in domestic violence assault cases.

Arrest or Summons

Generally, police officers respond to disturbance calls. Then, they investigate the matter to determine “who started it.” Then, that person goes to jail. In other cases, a magistrate issues a warrant upon receiving a complaint. This warrant usually includes a summons requiring the defendant to appear in court.

In either case, if arrested, you may be taken before a magistrate for bond determination. In some cases, especially domestic-related allegations, a protective order may be issued, as mentioned above.

First Court Date (Arraignment)

Your first appearance is typically in General District Court. At that hearing, the judge formally reads the charges and informs defendants of the right to be represented by a Leesburg criminal defense lawyer. Indigent defendants may be entitled to a court-appointed lawyer or public defender.

Usually, these lawyers are top-flight criminal defense lawyers who competently handle assault cases. But that’s not always the case. A court-appointed lawyer or public defender could also be an inexperienced and/or undedicated lawyer who does a poor job. So, a partnership with a private Leesburg criminal defense lawyer is always the best option.

Pretrial Phase

Normally, the judge sets a trial date at the arraignment. The trial date is usually at least three or four months away, so an attorney has time to investigate the case and develop defenses. These defenses could include procedural (illegal interrogation), substantive (lack of evidence), and/or affirmative (consent) defenses.

Attorneys also negotiate plea offers with prosecutors. Possible plea offers might include reduced charges, deferred disposition, or suspended jail time. In some first-offense cases, especially minor ones, the court may consider alternatives like probation or anger management.

Trial and Appeal

In General District Court, the trial is before a judge (no jury at this level). If convicted in General District Court, you have an automatic right to appeal to Circuit Court within 10 days. The appeal is “de novo,” meaning the case starts over completely, and you may request a jury trial.

Connect With a Tenacious Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.

Source:

pewresearch.org/short-reads/2019/06/11/only-2-of-federal-criminal-defendants-go-to-trial-and-most-who-do-are-found-guilty/