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The Wilson Law Firm

Possible Defenses for a Virginia Assault and Battery Case

There are several different types of assault and battery charges in Virginia. These charges include domestic assault and battery, simple assault and battery, and felony assault and battery. The charges vary by state and carry different penalties; however, in the state of Virginia these charges carry criminal penalties if convicted.

What are the Assault and Battery Charges?
Assault and battery is a serious crime in which a person is charged for inflicting bodily harm on someone else. This includes disfiguring or disabling another person on purpose or creating a threat of death by causing bodily injury. If you are convicted of assault and battery in Virginia, the penalties include a Class One misdemeanor, up to one year in jail, and a maximum fine of $2,500 according to the Virginia Criminal Code § 18.2-57.

There are also enhanced penalties for people who assault teachers, principals, or others due to race or religion, including a mandatory minimum jail time between two and thirty days (depending upon the specifics of the case and which group was assaulted). If a person attempts to cause bodily harm to a judge, police officer, firefighter, or correction officer, there are stronger penalties, including a Class Six felony and a minimum prison term of six months.

If you have been charged with assault and battery in Virginia, the prosecutor will have to prove that you willingly assaulted the victim in an angry or vengeful manner. Hiring an attorney is essential to your case and future. An experienced attorney can argue in your defense and help lessen the charges.

Possible Defenses in an Assault and Battery Case
The defense for an assault and battery charge will obviously depend on the specifics of your case, but defenses may include factors outside your control, heat of passion, or that your action was self defense from the harmful acts of another. Another defense could be that you used reasonable force to help prevent someone else from inflicting harm on themselves or another.

An attorney is helpful in fighting an assault and battery charge. We can help you get your charges decreased or dropped, or help you settle with the injured victim by giving financial compensation with the agreement that they drop the charges against you. There are many defenses for assault and battery charges. We just need to review your specific case to determine how we can help you better your situation.

Call us and we will investigate your case, interview witnesses and present the best possible defense. Don't let a mistake or a moment of bad judgment effect the rest of your life. Call the Wilson Law Firm today at (800) DUI-LWYR or (703) 361-6100 and speak with an experienced northern Virginia criminal defense lawyer.

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