Experienced Roanoke Lawyers Defending Against Assault And Battery Charges
A conviction for assault can affect you in many ways. Anyone who performs a background check on you would see the conviction – and could treat you differently as a result. You could be denied an apartment, a loan, a job or a professional license – all because you have a criminal record for assault.
At Lutins & Pilgreen, PC, in Roanoke, Virginia, we know how serious it is to face assault and battery charges. Our job is to protect you not only from short-term consequences such as a fine and jail time but also from long-term consequences such as a damaging criminal record. We offer a initial consultation to discuss your case. We often represent high school and college students who are charged with assault and battery following a fight. We also handle cases of domestic assault.
What Is The Difference Between Assault And Battery In Virginia?
In Virginia, assault and battery are two distinct offenses. Assault is an act that involves an attempt or threat to cause harm to another person, which causes them to fear imminent harm. This means that assault can occur without any physical contact. Battery, on the other hand, requires actual physical contact that is either harmful or offensive. This distinction is crucial as it affects the charges brought against you and the potential penalties you may face.
What Are The Penalties For Assault And Battery?
The penalties for assault and battery in Virginia can vary based on the specific circumstances of the case. Simple assault and battery are typically charged as Class 1 misdemeanors, which can result in up to 12 months in jail and a fine of up to $2,500. However, if the assault or battery is committed against a protected class, such as a police officer, health care provider, or a family or household member, the charges can be elevated to a felony. Felony charges come with more severe penalties, including longer prison sentences and higher fines.
Aggravated malicious wounding is a particularly severe charge related to assault and battery in Virginia. This charge applies when an individual causes another person severe injury with the intent to maim, disfigure, disable or kill. Aggravated malicious wounding is classified as a Class 2 felony, which can result in a prison sentence ranging from 20 years to life.
Differences Between Misdemeanor And Felony Charges
Assault and battery can be charged as either misdemeanors or felonies, depending on the severity of the incident and the presence of any aggravating factors. Misdemeanor charges are typically reserved for less serious cases, such as simple assault, and carry lighter penalties, including up to 12 months in jail and lower fines. Felony charges, however, are for more serious offenses and come with much harsher consequences, including longer prison terms, higher fines and a lasting impact on your criminal record. Understanding whether your charges are classified as misdemeanors or felonies is vital, as it will determine the defense strategy and the potential penalties you might face.
Defenses To Assault Charges
When two people end up in a physical altercation, one may go to the hospital and the other party may be charged with a crime. Even if you did not start the fight, you could be charged with a crime if the other party suffered an injury and filed a complaint with the police.
Police often do not take the time to investigate assault cases fully. They may file charges on little more than statements by the alleged victim. Our lawyer will pick up the investigation where the police leave off. You may have a defense, such as you were defending yourself or another.
Sometimes people plead guilty to assault charges simply because they are embarrassed and want to make the case go away. Unfortunately, pleading guilty will result in a criminal record that could be with you for the rest of your life.
Contact Our Roanoke Assault And Battery Defense Lawyers
To discuss your case with one of our criminal defense attorneys, complete our contact form or call 540-627-5150.