Assault Defense Attorney
Many of us have experienced times when we’ve lost out temper and gone a bit too far. In most cases, we learn from the incident and move on. For some us though, this momentary lapse of judgment could result in serious criminal charges. A fistfight could result in someone getting seriously injured and result in the police being charged. Suddenly, a moment of stupidity can carry a lifetime of penalties.
While many people use these two terms interchangeably, these two crimes are actually distinct from one another. Threatening a person and making them reasonably fear for their safety can result in an assault charge even if no physical contact occurred. For instance, if a person brandishes a gun or another weapon and makes a threat against a person, they can be charged with assault. Battery, on the other hand, occurs when someone makes unwanted physical contact with another person in an attempt to do harm. Even if it just a shove or a push, a person could be charged with battery because physical contact was made and an it was the result of an attempt to injure.
The seriousness of the charge depends on the assault and battery themselves. Simple assault in Virginia is a Class 1 misdemeanor which can result in one year in jail and a fine of up to $2,500. If the assault was committed because of another person’s race, religion, because the person had reason to believe the victim was a police officer or magistrate, or if the assault is committed by a prisoner, it can be charged as a felony.
Actions such as slapping, punching, kicking and spitting all could yield assault and battery charges. Punishment for the assault and battery varies greatly by circumstances surrounding the incident as well as the target of the alleged actions. Our lawyers can work to get these charges reduced to minimize their impact on a person’s life. Doing so can help a person get their life back on track and prevent one mistake from costing them years of their life.
There are some defenses to assault. One common affirmative defense is self defense. Because a person has the absolute right to defend themselves using reasonable force, if it can be shown that they were acting in self defense the charges can be thrown out all together. If you are in a fight and the other person throws the first punch, for instance, it may be reasonable for you to hit him back in order to subdue the threat. Eyewitness testimony can be vital to proving this, so contacting a Virginia assault attorney right away can help track these witnesses down. Suddenly, you may find that a very serious charge is being dropped entirely because you found witnesses who can corroborate your claim of self defense.
If you are facing assault or battery charges, time is essential. You need to secure the top law firm to stand up for you in court. Contact The Law Offices of Patrick N. Anderson and Associates. With over 28 years of successfully defending clients from all types of criminal and traffic charges, we are confident we are the team to fight for you. Our experience handling assault cases can help you get the best outcome possible depending on the circumstances surrounding your arrest. We treat every client as part of our family and provide you with the representation you deserve, working tirelessly to get you acquitted of these charges if possible.