How Can I Avoid Jail for an Assault and Battery?
What does it mean to be charged with an assault and battery?
First of all, what is an assault and battery? Virginia law actually defines assault and battery in two closely related ways. An assault and battery occurs when an individual intentionally inflicts physical harm on another or touches another in an offensive matter. An assault occurs when an individual attempts but fails to commit a battery with the present ability to accomplish the harm intended. An assault also occurs when an individual takes an action that is intended to put another in reasonable fear of harm. No actual contact is required for an assault. An assault and battery or an assault is typically charged as a class 1 misdemeanor and carries up to 12 months in jail and a fine of up to $2,500.00.
In some special instances either crime can be charged as a felony. An assault and battery is a class 6 felony if it was committed because of the victim’s race, religion, color or national origin and causes actual physical harm. Similarly, an assault or assault and battery against a law enforcement officer, judge or magistrate can be a felony if the accused knew or had reason to know of the victim’s status. A domestic assault and battery can be a felony as well if there is prior history of domestic violence.
So, will I go to jail?
Not necessarily, but there is also no guarantee that jail time can be avoided. There are options that are available on a case-by-case basis. For example, the court may sometimes accept community service in the place of incarceration. An accord and satisfaction might be considered as well. An accord and satisfaction allows the case to be dismissed after the accused pays for the damage caused to the complaining witness. To be available, the victim must voluntarily agree to this course of action. Other options such as anger management or alcohol classes exist that couldserve to excuse jail time. At the end of the day, the foregoing options will often depend on the judge in the case as well as the Commonwealth’s Attorney and the victim. Speaking with an attorney can help to generate ideas that can help to lessen or avoid a sentence. As well, an attorney may be more familiar with the actors involved, which in itself is often the key to avoiding jail time.
