If you’ve been charged with assault and battery in Fairfax, Loudoun, or Prince William, you could be facing significant penalties. This is a serious offense and consulting with a Virginia criminal attorney will help you better understand your charge, the possible consequences, and possible defense strategies. The Commonwealth of Virginia classifies assault & battery as a class 1 misdemeanor.
Assault and battery in Virginia - penalties:
Assault & Battery is the unlawful touching of another. The contact does not necessarily need to result in an injury. The intent of the aggressor, rather than the force used, is what determines whether or not battery as taken place. VA Code § 18.2-57. Simple assault is either attempting battery on another person or putting that person in reasonable fear of battery. In other words, assault is a verbal threat.
Domestic violence charges are usually accompanied by an Emergency Protective Order (EPO’s). EPO’s are orders issued by police and/or magistrates that forbid the accused from having any contact with the victim. EPO’s typically last for 72-hours and then they expire on their own. The victim is always free to renew the protective order in a Juvenile and Domestic Relations District Court (J&DR). If the protective order is renewed, it is known as a Preliminary Protective Order (PPO). These orders are issued exclusively by a judge and last for several weeks. After the PPO is issued, the victim and the accused must return to the J&DR where a Permanent Protective Order hearing will occur. If the victim is successful at that hearing, the court will issue a Permanent Protective Order which will last for two-years. This order, like all protective orders, will expire on its own. It is important to remember that if any protective order is violated by the accused, jail time is mandatory.
Because of the seriousness of a Malicious Wounding charge, many points have to be proven in court for a person to be convicted. The prosecution must prove that the defendant shot, stabbed, cut, wounded or caused bodily injury to someone else with the intention of inflicting bodily injury as s/he committed the act. It also must be proven, obviously, that the act was done with malice. In addition, the victim must be severely injured, often with a permanent physical impairment resulting as well.
Whether you have been charged with assault and battery, simple assault, domestic violence, strangulation or malicious wounding, even the best criminal lawyers know that building a defense in any type of assault case is no simple task. With prosecutorial backgrounds, our criminal lawyers are prepared to examine your case from all angles. Contact our office today to consult with a criminal lawyer: (703) 542-4008