Assault charges are more common than people think because you do not have to injure someone or even make physical contact with them to assault them in legal terms. On top of that, the severity of an assault charge—or the closely related charge of assault and battery—can change dramatically from case to case based on the specific type of harm your actions allegedly resulted in and even who you allegedly targeted.
Every assault case is unique, and building a strong defense strategy requires guidance from a skilled defense attorney who has handled many assault cases successfully in the past. With a Chesapeake assault lawyer on your side, you can contest the specific charges against you more effectively and minimize your chances of suffering long-term consequences in your personal and professional life.
What Counts as Assault Under State Law?
In Virginia, assault and battery are closely related but distinct criminal offenses, the first of which almost always occurs immediately before the second. Specifically, an assault is an intentional act by one person that makes another person reasonably fear imminent harmful or offensive contact, whereas battery occurs when someone intentionally makes harmful or offensive physical contact with someone else.
Words alone are not enough to constitute assault if they do not directly cause another person to be afraid that they are about to be hurt or attacked. If the person making the threat did not have a realistic ability to do the things they were threatening, it is not assault. Likewise, incidentally making harmful or offensive contact with someone else does not constitute criminal assault and battery. However, injuring someone else by accident can lead to civil liability for the injured person’s ensuing losses. An assault attorney can provide more information during a private consultation about exactly how courts and law enforcement in Chesapeake typically approach these matters.
Aggravating Factors for Assault Charges
Under Virginia Code § 18.2-57, any person who commits simple assault has committed a Class 1 misdemeanor offense punishable at most by one year of jail time and a $2,500 fine. As an assault lawyer in Chesapeake can further explain, intentional assault resulting in serious injury generally leads to felony charges for a different type of offense other than assault, such as unlawful wounding or malicious wounding.
There are various circumstances under which a basic assault charge can have harsher sanctions attached to it as a misdemeanor or felony offense. For example, anyone who commits an assault against a teacher or healthcare worker is subject upon conviction to a mandatory minimum 15-day jail term, and assaulting a police officer, firefighter, or anyone employed by the state government is a Class 6 felony offense and carries a mandatory 6-month jail sentence.
A first offense Breathalyzer Refusal results in the suspension of your driver’s license for 12 months. Refusing a breathalyzer test for a second and subsequent offense results in a 3-year driver’s license suspension without the possibility of a restricted license.
A Chesapeake Assault Attorney Can Help
Even one criminal conviction for misdemeanor assault will stay on your record and affect your occupational prospects and personal life. A felony-level charge related to assault is even more serious. In both scenarios, support from knowledgeable legal counsel can be vital to protecting your long-term interests and enforcing your rights in the short term.
When you are facing accusations of assault, battery, or both, you should make contacting a Chesapeake assault lawyer your top priority. Call today to discuss your defense options.
