If you are charged with Assault & Battery in Virginia, you probably have questions. Here are 5 things you should know. Our attorneys are happy to answer any other questions you have.
Assault & Battery is a Class 1 Misdemeanor
Virginia’s law on Assault & Battery is Va. Code 18.2-57. This defines a simple assault at a Class 1 Misdemeanor, which carries a maximum penalty of up to 1 year in jail, and/or a $2,500 fine. Depending on the nature of the offense and your criminal history, jail time is a real possibility. That is why it is important to have local criminal defense attorney represent you.
The Offense Can Be Minimal
Assault does not need to be a vicious attack to be charged. A simple push, spitting, or even a missed punch could be charged as assault.
You may have a self defense argument. Analyzing such an argument is not necessarily straight forward. Your response has to have been reasonable based on the perceived threat. And this defense requires analyze what role you played in instigating the altercation, and what steps you took to de-escalate.
This is a charge, that in certain circumstances, may be a good candidate for Deferred Disposition. A Deferred Disposition is a resolution that results in the original charge typically being dismissed. Sometimes it is dismissed in its entirety, other times it is amended to a lesser charge. For this to happen, you will have to first plea Guilty or No Contest. The judge will not enter the conviction that day, but will defer the case for a period of time. The charge will then be dismissed if you have complied with the agreed upon conditions, such as staying out of trouble, completing anger management, and/or doing community service.
Accord and Satisfaction
Accord and Satisfaction is another type of resolution available in an Assault & Battery case. In short, if you have assaulted somebody, and they incurred damages, your charge may be dismissed if they agree and submit in writing to the Court that you have compensated for those damages.
Hire an Assault & Battery Attorney in Virginia
These are just some of the things to know about an Assault & Battery case. There are many other factors to consider, including the strength of the Commonwealth’s evidence, and their witnesses. Our Client Focused Criminal Defense Team will listen to your side, look into the evidence, and develop the best defense plan possible, whether that means a resolution like those above, a plea, or taking your case to trial. Contact us to learn how we can help you.