Assault & Battery Charges in Virginia
Fairfax Criminal Defense Lawyers
While assault and battery are usually considered in the same charge, they
are different. Battery involves a willful physical action or touching,
usually done in an insulting or rude manner. Assault is an intent to harm
or cause offense usually by threatening a victim’s safety.
Types of Assault
Assault and battery charges are classified as simple or aggravated, and
each comes with their own penalties, defenses, and sentences.
A simple assault is one where there is no serious injury. This is considered
a Class 1 misdemeanor with a maximum sentence of one year in jail and/or
a maximum fine of $2,500. If the assault is deemed a hate crime, or if
it is performed upon a law enforcement officer or school official, penalties
may be steeper. In these cases you will be charged with a Class 6 felony
and face a prison sentence of at least six months.
An aggravated assault is an attack where a weapon is displayed or used
in a threatening manner. It usually involves a willful intent and typically
results in injury such as broken bones, cuts, or loss of consciousness.
If you are convicted of this crime, you can face a fine of up to $100,000,
and a Class 6 felony offense resulting in a five year prison sentence,
or a Class 3 felony offense resulting in a 5-20 year sentence.
Defenses That Could Apply to You
In order for you to be convicted of assault and battery, it must be established
that you intentionally touched the victim and that the manner of touching
Defenses that could be applicable to you include:
- The alleged victim’s consent
- Accidental touching
- A position as a public authority
Whether you have been charged with simple assault, aggravated assault,
or assault of a protected figure such as a police officer, firefighter,
or school principal, you can count on our team at Langone & Fasullo,
PLLC to fight for your rights in and out of court.
For a free and confidential consultation, contact our office today at (703) 391-1161!