Assault and Battery
Assault & Battery Defense LAWYER
Call (757) 209-2328 for Defense in Hampton Roads
If you have been arrested on an assault or assault and battery charge, you cannot afford to go unrepresented. It is important that you work with an attorney as soon as possible. The Law Office of Shawn M. Cline, PC is ready to take your case and ensure that you get the best result possible.
What is Assault and Battery in Virginia?
Assault is physically threatening to harm someone while battery is the physical act of actually harming someone. Assault and Batteries could be charged as felonies depending on the circumstances present during the battery. Injuring someone with our without the intent to kill is a very serious crime.
Why Choose Our Assault & Battery Lawyer?
- Backed by 20 years of legal excellence
- Former JAG officer backed by international legal experience
- Trial-tested, well-respected representation
- 100% focused on criminal defense—we don't spend our time or resources on any other type of legal cases
You need an aggressive criminal defense attorney on your side to determine what defenses may apply in your case. Even if there are no defenses based on the evidence available, a skilled attorney can secure an alternative resolution to your case, such as probation or community service instead of a jail sentence. Your specific circumstances will dictate what we can do for you. Find individualized defense with our assault defense lawyer today!
Schedule Your Free Case Review
What is the Difference Between Assault and Battery in Virginia?
In Virginia, assault and battery are two separate offenses with distinct legal definitions. Assault refers to an intentional act that causes the victim to fear immediate harm or offensive contact, while battery refers to the actual physical contact or injury that results from an intentional act.
In other words, assault is the threat of violence or harm, while battery is the actual use of force or violence. To illustrate, if someone swings at another person and misses, that could be considered assault. But if the person makes contact and hits the other person, that would be considered battery.
In Virginia, assault and battery are usually charged together as a single offense, known as "assault and battery," but they can also be charged separately depending on the specific circumstances of the case. The severity of the charges and potential penalties depend on the degree of harm inflicted, the intent of the perpetrator, and other factors such as the victim's age or occupation.
It's important to note that even the slightest physical contact, such as a push or shove, can constitute battery in Virginia if it is done without the victim's consent.
What are the penalties for assault and battery in Virginia?
Whether you face a simple assault charge or an aggravated count of assault and battery, the penalties you face will vary according to the details of your case.
Generally speaking, the potential penalties could range as follows:
- Class 1 misdemeanor conviction: A $2,500 fine and 12 months' jail
- Class 6 felony conviction: $2,500 fine and 1 to 5 years' prison
- Class 5 felony conviction: $2,500 fine and 1 to 10 years' prison
What Is Aggravated Assault in Virginia?
In Virginia, any unlawful attack or threat against another individual that results in bodily injury is considered aggravated assault. This includes intentionally inflicting serious injury on another person or attempting to do so with a deadly weapon or other means likely to result in death or great bodily harm. In some cases, you can be charged with aggravated assault even if no actual physical contact takes place—if your actions put another person in reasonable fear of imminent harm, it is possible to be convicted.
How To Beat An Aggravated Assault Charge
If you are facing charges for aggravated assault in Virginia, there are a number of steps you can take to help build your defense and possibly beat the charge. Here are some helpful tips:
- Do not speak to the police without a lawyer present. Anything you say or do can be used against you in court.
- Gather evidence that could help support your case, such as eyewitness accounts, security camera footage, or medical records from the time of the event.
- Understanding the elements of Virginia's aggravated assault law and having a clear understanding of what must be proven to convict you on this serious charge.
- Hire a skilled criminal defense attorney who is knowledgeable with assault cases and has experience navigating the Virginia legal system.
- Consider plea bargaining if it is offered by the prosecuting attorney, as it may end in reduced charges and penalties on your part.
Even if you have been charged with aggravated assault and battery, you can be confident in our trial-tested lawyer. Attorney Cline has successfully fought for clients' rights in felony defense cases around the world. No matter how complex your charges are, he has the proven ability and tenacity to help clients navigate the justice system with their rights intact.
Call (757) 209-2328 to discover how our Hampton Roads assault & battery attorney may be able to defend your liberty and your future!