Virginia Assault Basics

Are you facing assault charges in Virginia? Here are some things you should know.

What Is Assault?

Assault is the intention to engage in harmful or offensive contact with another person. Generally, words alone aren’t enough to support an assault charge. There needs to be a threatening physical action present as well. You can be charged with assault without touching the other person, though. Making physical contact that harms the other person is actually battery.

What Are the Penalties?

In Virginia, simple assault is a Class 1 misdemeanor. That means it carries up to a year in jail and $2,500 in fines. Assault is also considered a violent crime. A conviction stays on your permanent record for life.

Many kinds of assault have even heavier penalties. For example, hate crimes carry a 30-day minimum jail term. They may also be considered a felony. Another case is assaulting someone you know is an emergency or public safety official while they are doing their job. That’s a Class 6 felony. It comes with a mandatory minimum jail sentence of six months.

Can an Assault Charge Be Defended?

There are several common defenses for an assault charge. One is self-defense. You have the right to protect and defend yourself if someone else acts aggressively. Another option is the intent behind your actions. Assault can’t be an accident. You have to do it on purpose. Which approach will work best depends on the specifics of the case.

Do I Need to Hire a Lawyer?

Assault cases are usually very complex. Police officers typically bring criminal charges. However, assault charges can be different in that private citizens can and do bring them. That can lead to several unique problems. For instance, a case may not be investigated as well as it should be.

Time is also important when you’re dealing with an assault charge. As we mentioned, the case may be built on shaky ground already. As time passes, key evidence and witnesses may get harder to find. You need to act quickly to achieve the best possible outcome.

Hiring an attorney is crucial in an assault case. Having someone on your side who knows the laws and your rights is vital. An experienced lawyer will know how to dig into your case to uncover useful facts. He’ll also know how to turn them into a solid case for you.

We at the Law Office of Faraji Rosenthall are experts in defending assault cases. We know how to maximize your chances of a favorable outcome. Contact us today for your free consultation with one of our lawyers.

(703) 934-0101

Email faraji@fairfaxcriminallawyer.com

10560 Main Street • Suite 310 • Fairfax, Virginia 22030

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