Assault is a threat whereas battery involves offensive touching or harming. In short, an assault and battery charge is warranted when an individual:
Breaking it down, even something as simple as spitting in a person's face could warrant an assault and battery charge. Also, battery can include touching set in motion by the defendant but not directly committed by him/her. Assault while committing a robbery, assault against a family member, assault with a gun or assault on a law enforcement officer comes with enhanced sentences.
Felony malicious wounding is also a serious offense that involves shooting, stabbing, cutting or wounding with the intent to "maim, disfigure, disable or kill." Another sentence enhancement is when a defendant selects his/her victim because of the victim's race, religion, color or national origin.
Other factors that can result in a harsher sentence include the severity of the victim's injuries, whether a minor was present (or whether the victim was a minor) and whether or not this is your first time being charged with assault or battery. For example, a third or subsequent offense of domestic violence is a felony charge.
Simple assault is discussed in VA Code section 18.2-57. If you are convicted of assault or battery by a mob, this is a class 1 misdemeanor that can result in a one year jail sentence and a fine up to $2,500 (you will also have to pay for the medical expenses of the victim). For a felony offense, a person convicted of a hate crime can be sentenced to a mandatory minimum of 30 days in jail.
Assaults against protected employees are Class 6 felonies, and if convicted of this charge, the court wills sentence you to a minimum of six months. Battery by a prisoner (against a correctional officer, supervisor, visitor or parole officer) is a Class 5 felony punishable by one to 10 years in prison, or up to one year in jail. You will also have to pay a fine up to $2,500.
In order to be convicted of this crime, the prosecution must prove that you willfully touched another person without excuse or justification. The prosecution must also show that it was done in a vengeful, angry, rude or insulting manner.
Defenses that could be available to you include the following:
Virginia law allows for the dismissal of an assault and battery warrant if the injured party appears in court and acknowledges that he/she has received satisfaction for this offense (usually in the form of monetary compensation).
An assault and battery charge is no small matter in the state of Virginia. All charges against you must be fully investigated; all evidence must be collected and presented in your favor. Witness testimonies from third parties can also aid in your defense. If there is any lack of consistency or evidence that your rights have been violated, we will use this to our advantage. Our founding attorney is a former Virginia Beach police officer and fully understands the criminal justice system.
With the assistance of an experienced Norfolk criminal defense attorney on your side, you may be able to get your charges dismissed or reduced, or you may be able to secure a favorable plea bargain. No situation is cookie-cutter which is why we will thoroughly examine all of the details surrounding your case and craft the most compelling defense relevant to your situation.
If you have questions or concerns regarding your situation and how working with a Norfolk criminal defense attorney can help you, contact Curcione Law today to schedule a free case evaluation. Get an attorney with a background as a police officer on your side today; contact the firm at (757) 777-9207!
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