Arlington VA Assault & Battery in Virginia refers to two distinct crimes.
Suppose you’re facing assault and battery charges; a basic understanding of laws about assault and battery is vital.
And the best way to know the laws of assault and battery is to leverage the experience of a professional assault and battery lawyer.
And in Virginia, you can contact Jad Sarsour for a free consultation. Jad Sarsour is an experienced Arlington VA attorney who focuses on assault and battery offenses and might help break down all types of assaults from simple assault to felony assault.
Either way, let’s break down the basics of assault and battery laws, starting with definitions.
The battery is the actual offensive or harmful contact. A contact does not have to be severe physical infliction to be a battery. For example, merely throwing a snowball at another person can be considered battery, and if so, it is a criminal act.
However, physical contact must entail some factors to be a battery. For instance:
The two conditions separate accidental contact from the actual battery. Better yet, it creates a defense strategy for battery offense.
Assault is an intentional physical act by a person to create fear of harmful or offensive contact.
In other words, an assault is making another person think you will inflict bodily harm on them. Mere terms cannot constitute an assault. For instance, if the accused yelled at the alleged victim that he would hurt them, it would not be considered assault. However, if the accused advances toward the victim while screaming that he would hurt the victim and could cause actual harm, then that would constitute assault.
The Virginia Code section 18.2-57 states that a person who commits a simple assault and battery is guilty of a Class 1 Misdemeanor. Misdemeanor assault carries a maximum penalty of one year imprisonment and a $2500 fine.
The Virginia law defines assault and battery based on religious conviction, color, nationality, or race as a hate crime.
Under section 18.2-57 (A), a hate crime carries the punishment of a minimum six-month sentence. The maximum penalty is a one-year jail term and $2500.
When the victim of a hate crime suffers any physical injury, the offense elevates to a Class 6 felony assault. Virginia Code Section 18.2-57 (B) punishes such violations with a maximum jail term of five years.
The Virginia law takes assault and battery against police and other government workers as a severe offense.
Under the Virginia code 18.3-57(C), any assault and battery on a law enforcement officer while executing their official duties is a class 6 felony assault punishable by up to five years imprisonment.
The dangerous part of this offense is that it carries a minimum six-month sentence. If convicted, you must serve a mandatory six-month jail term.
The law also holds for other public officers such as judges, firefighters, emergency services personnel, and even the correction office.
Virginia law gives special protection to the teacher.
Under code 18.2-27(D), any person who commits battery of a teacher, principal, assistant principal, or guidance and counselor, even when there is no injury, faces a sentence between 15 days and one year in jail.
When the assault and battery involves a weapon prohibited on the school grounds, the minimum sentence is six months.
Virginia law protects doctors and nurses.
Under the Virginia code 18.2-57(E), a convict of battery on a health worker is punishable by at least 15 days and up to a year imprisonment.
However, the protection only holds when the healthcare worker is at work. At home, battery and assault against a doctor or a nurse are the same as every other person.
Assault against a family member is also known as domestic assault under the Virginia Code section 18.2-57.2.
Domestic assault often requires a police officer to deal with it. A police officer will only charge an individual with assault and battery if there is an injury of some kind.
Even though the penalty for domestic assault is the same as a misdemeanor assault, Virginia Code section 18.2-57.2 contains some additional punishment.
When the accused is convicted of domestic assault within the past 20 years, the offense elevates to ais a Class 6 felony assault, punishable by a maximum of 5 years imprisonment.
Besides, the court also issues an emergency protective order for a subsequent domestic offense, prohibiting the offender from contacting the victim for three days.
There are several defense strategies for battery and assault cases.
Regardless of the assault charges you’re facing, you cannot afford to proceed to court without the help of an Arlington VA lawyer. All these crimes carry hefty penalties that can deprive you of freedom for a lengthy period.
It is integral that the Virginia criminal defense lawyer you hire has a deep understanding of the criminal justice system and the issues that frequently arise when defending against assault charges.
And Jad Sarsour has defended different types of assault charges. You can leverage his experience by calling him for a free consultation.