Manassas VA Assault and Battery Lawyer

Manassas VA Assault and Battery Lawyer

Manassas VA Assault and Battery Lawyer

In Virginia, simple assault is a misdemeanor crime.

However, a conviction even for misdemeanor assault can be severe, leading to jail time. Fortunately, there are defense strategies against assault charges.

But let’s start from the bases.

How Does Virginia Law Define Assault and Battery

Under the Virginia penal law, assault and battery are not the same things even though the court punishes them under the same code section.

Assault is a threat, intending to cause harm, that put the victim in reasonable fear of offensive touching, injure, or danger.

For an offense to be an assault, the victim must fear that the harm is coming immediately as opposed to some time later. This is commonly charged as Simple Assault.

What’s Battery

On the other hand, the Virginia law defines battery as simple touching, whether willfully or in anger. This includes touching the victims by objects in motion, such as whips or even the defendant’s dog.

Battery offense is different from assault in that battery involves physical contact, but assault doesn’t require actual touching to be an offense.

However, accidental, non-reckless touching is not a battery. This view makes accident contact a defense to this charge.

Potential Defense Strategy for a Battery Charge

Apart from accidental contact, a battery charge might have the following as defense strategy:

  1. Consent to the touching
  2. Self-defense.

A victim’s word, regardless of how insulting, does not justify battery without the alleged victim touching you first.

What’s more, a police officer might mistakenly refer to Battery as Simple Assault when drafting paperwork. While this might be incorrect, assault and battery are both codified and outlawed in the same code section and are punishable in the same way in the state of Virginia.

Assault and Battery Penalties in Virginia

  • According to Va Code 18.2-57, a person who commits simple assault and battery is guilty of Class 1 misdemeanor. The penalty is a maximum of 12-month jail term and a fine of $2500.
  • And if the defendant intentionally selected the victim of assault and battery because of race, religion, color, or nationality, the penalty upon conviction shall include a six-month term of confinement, 30 days of which shall be a mandatory minimum jail term.
  • And when there is a bodily injury in the above offense, the accused commits a Class 6 felony, and the penalty upon conviction shall include a jail term of at least six months, 30 days of which shall be mandatory.
  • Assault against a family member is a Class 1 misdemeanor and carries a penalty of 12 months maximum jail term and fine of $2500.
  • Assault against law enforcement officer is a Class 6 felony and attract a minimum jail term of six months and a maximum jail term of 5 years and $2500 fine.
  • An assault and battery that involves unlawful wounding  is a Class 6 felony attracting a minimum jail term of 1 year, and a maximum of 5 years and a fine of $2500
  • And when an assault and battery involves malicious wounding, it is also a Class 6 felony attracting a maximum jail term of 20 years and $100,000 fine with a minimum jail sentence of 5 years.
  • And when assault and battery involve strangulation, the defender commits a Class 6 felony, which carries a five years minimum jail term and a maximum of 5 years with a fine of $2500.

Assault with a Gun

Assault with a gun is a Class 1 misdemeanor. But let’s break it down to further depth.

Brandishing a Firearm

Brandishing is an assault by showing a firearm. For one to be convicted with brandishing, the government will have to prove that the accused pointed a gun to the victim in a way that induced fear in the mind of the alleged victim.

A defense to brandishing is exercising justifiable self-defense.

But the Virginia court has ruled that a person may not brandish a deadly weapon solely in defense of personal property.

What’s more, brandishing a firearm near a school elevates the offense to class 6 felony, punishable by up to 5 years in prison.

Reckless Handling of a Firearm

Virginia law considers reckless handling of firearms as a Class 1 misdemeanor. The careless handling of a gun must endanger a person or property to qualify as a crime.

Even more, carelessly allowing children to access firearms is punishable as a Class 3 misdemeanor.

Threats Under VA Law

Threat when Executing Robbery

Anyone who commits an assault and battery or threatens a victim during the commission of a robbery is punishable with a 5-year mandatory minimum prison sentence

Threatening over a Telephone

Virginia has a law to punish threats a person makes over the telephone call. The VA Code 18.2-427 punishes the use of profane, threatening, or incident language over public airways or by other methods as a Class 1 misdemeanor.

Threats in Writing or Email

Putting a threat in writing or email is a Class 6 felony punishable for up to 5 years in prison when the accused makes a threat to kill or hurt a person or a member of his/her family.

Threatening someone in writing is much more severe than doing it in person.    

Contacting an Attorney

If you find yourself accused of assault and battery in Virginia—whether misdemeanor assault, felony assault, or domestic assault—it is critical you start developing a defense, leveraging the assistance if an experienced DC defense lawyer.

Because if convicted with an assault in Manassa VA, you face not only fines, jail terms, and probation but also a criminal record. You would need a professional on your side to defend you against the assault and battery charges facing you.

And Jad Sarsour is a terrific lawyer to handle your assault charge in Virginia. If you have a defense, a qualified assault and battery lawyer can subpoena witnesses to testify on your behalf, investigate the complaining witness, and file motion to challenge the government’s evidence.

Contact Jad Sarsour today for a thorough consultation.

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