People who are charged with assault should immediately seek skilled legal representation to prepare an effective defense. As a violent crime, the consequences of an assault conviction are severe.
If you are convicted of assault in Virginia, you could be subjected to:
- Permanent criminal record
- Loss of firearm rights
- Loss of employment
- Incarceration
- Fines paid to the state
- Restitution paid to the victim
If you have recently been charged with assault, preparing a strong legal defense may be the difference between a conviction and your freedom. A Richmond, Virginia assault and battery attorney from Portner & Shure, P.A. should be the first person you call after you are arrested or informed that a criminal investigation is targeting you. We reiterate: You do not need to be charged or even arrested for a crime for our criminal defense lawyers to be helpful to your cause.
To schedule a free consultation, contact us at (410) 995-1515.
Virginia Assault & Battery Laws
Assault and battery are two separate crimes that often arise from the same incident. The crime of assault involves no physical contact but is still considered an act of violence Under Virginia law, assault is defined as an intentional act that places another person in fear of an immediate harmful or offensive contact. An incident involving physical contact is defined as battery or intentional harmful or offensive contact.
Assault and battery law can be further categorized:
- Under Virginia Code § 18.2-57, simple assault and battery is a class 1 misdemeanor. The penalty for simple assault and battery is 1 year in jail and/or a fine of $2,500.00.
- If the victim was attacked because of their religion or race, the crime is assault and battery and is a class 6 felony. The penalty for assault and battery is 5 years and/or a fine of $2,500.00. If the victim was a first responder or police officer, then the incarceration sentence must include a mandatory 6-months in jail.
- If an assault and battery is committed against an educator or healthcare provider, the crime is assault and battery and is a class 1 misdemeanor. The penalty for assault and battery is 1 year in jail with a minimum term of 15 days.
Virginia Aggravated Assault & Malicious Wounding
Aggravated assault is a serious form of assault. People are charged with this crime if the victim suffered serious injuries, or if a knife or gun were used during the attack. Under Virginia Code § 18.2-51.2, if a person maliciously shoots, stabs, cuts, or wounds any other person or a pregnant woman, or by any means causes bodily injury with the intent to maim, disfigure, disable, or kill, and if the victim suffers permanent injuries, they can be convicted of aggravated malicious wounding. Under Virginia law, this is classified as a class 2 felony and carries a maximum penalty of a life sentence and/or a fine of $100,000.00. However, under Virginia Code § 18.2-51, if an attack was performed without malicious intent, it is considered a class 6 felony and carries a maximum penalty of 20 years and/or a fine of $100,000.00.
Defense Strategies We Can Consider
Assault and battery cases often depend on physical evidence and the credibility of the victim. A self-defense argument could be the right first step in raising an effective defense. This defense is available when a criminal defendant believes that force was necessary to protect themselves from the imminent use of unlawful force by another person. As a type of affirmative defense, it will be up to the defense to provide enough evidence to convince a judge or jury that they were indeed acting in self-defense, not aggression.
Why Hire Portner & Shure, P.A.?
If you are charged with assault and battery, you need a lawyer that will fight for you and investigate the facts to identify potential defenses. Our experienced Richmond assault and battery attorneys at Portner & Shure, P.A. are standing by to provide the reliable defense and attentive legal representation you have been seeking. Across the last 25+ years, our attorneys have built a solid reputation in Virginia’s legal community and also in Virginia’s Hispanic, Korean, Chinese (Cantonese and Mandarin), and Vietnamese communities.
