Assault charges in Fairfax have been merged under the law with battery offenses. According to the law, this is a general intent offense, meaning that someone accused of assault does not need to intend any type of specific harm in order to be charged and convicted of the crime. All that is necessary is the intent to commit some type of unwanted contact. In a number of cases even negligence and/or recklessness might be enough to provide the needed intent. Examining this issue further, it is important to determine exactly what assault is, how these offenses are charged, and possible defense options.
What Is Assault?
In Fairfax assault (and battery since they are combined under the law) is some type of act which is intended to cause fear of harm or even just offensive contact. Words alone would not qualify as an assault; they must be accompanied by an act which indicates that the threat might actually be carried out.
The accused must also actually have the intent to commit an assault, even if it is only a general intention. The victim must also have a reasonable fear that they may suffer some form of imminent injury or unlawful (and unwanted) contact.
Misdemeanor Versus Felony Assault Charges In Fairfax:
The simple assault statute is explained in Virginia Code section 18.2-57. These types of assaults also include those committed with a group, classified as assault or battery by a mob. This is a misdemeanor charge, punishable by a maximum of one year in jail and a fine of up to $2,500. Restitution must also be made to the victim for their medical expenses.
Assault charges in Fairfax also mandate more severe penalties for actions committed against police or other law enforcement officers. If convicted of this type of assault, it results in a class 6 felony. The maximum jail time would be five years with a mandatory minimum sentence of six months. The maximum fine is $2,500.
Fairfax Assault Defense Options:
Obviously, the specific defense option pursued will depend on the facts of the case. This should be fully discussed with a competent attorney ahead of time. Perhaps the most popular option is self defense. This strategy argues that the accused was trying to protect themselves or someone else from harm when the assault occurred. It must also be shown that a reasonable amount of force was used.
It may also be possible to prove consent. This simply means that both parties involved agreed to the act and should have known that injury was likely. Oftentimes this will not get the charges dropped, but it may reduce the possible penalties.
