Curcione Law, PLC
  • Home
  • Attorney Profile
  • Criminal Defense
    • Appeals
    • Assault & Battery
      • Domestic Assault
    • Child Abuse
    • Computer Crimes
    • Driving with a Suspended License
    • Drug Crimes
    • DUI
      • Blood & Breath Tests
      • Challenging DUI Evidence
      • DMV Hearings
      • DUI Accidents
      • Military DUI Arrests
      • DUI FAQ
      • DUI Penalties
      • Field Sobriety Tests
      • Out of State DUI
      • Underage DUI
    • Expungement/Record Sealing
    • Protective Order
    • Reckless Driving
    • Sex Crimes
      • Rape
      • Statutory Rape
      • Prostitution
    • Theft Crimes
      • Car Theft
      • Larceny
      • Robbery
    • Traffic Tickets
      • Overweight Trucking Violations
    • Violent Crimes
  • Case Results
  • Other Practice Areas
    • Bankruptcy
      • Chapter 7
      • Chapter 13
    • Family Law
      • Divorce
      • Child Custody
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
    • Home
    • Attorney Profile
    • Criminal Defense
      • Appeals
      • Assault & Battery
        • Domestic Assault
      • Child Abuse
      • Computer Crimes
      • Driving with a Suspended License
      • Drug Crimes
      • DUI
        • Blood & Breath Tests
        • Challenging DUI Evidence
        • DMV Hearings
        • DUI Accidents
        • Military DUI Arrests
        • DUI FAQ
        • DUI Penalties
        • Field Sobriety Tests
        • Out of State DUI
        • Underage DUI
      • Expungement/Record Sealing
      • Protective Order
      • Reckless Driving
      • Sex Crimes
        • Rape
        • Statutory Rape
        • Prostitution
      • Theft Crimes
        • Car Theft
        • Larceny
        • Robbery
      • Traffic Tickets
        • Overweight Trucking Violations
      • Violent Crimes
    • Case Results
    • Other Practice Areas
      • Bankruptcy
        • Chapter 7
        • Chapter 13
      • Family Law
        • Divorce
        • Child Custody
    • Contact Us
Free Consultation
757.777.9207

Assault & Battery Charges

  • Domestic Violence
  • Case Results
  • 100% Free Consultation

Assault Lawyer in Norfolk

Have you been arrested?

Assault is a threat whereas battery involves offensive touching or harming. In short, an assault and battery charge is warranted when an individual:

  • Has the ability to inflict harm and performs an overt act intended to place the victim in fear of bodily harm (assault)
  • Has the ability to inflict harm and performs an overt, physical act intended to cause physical harm (battery)

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.

Penalties & Defenses for this Crime

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:

  • You did not intend to make contact with the other person
  • You committed the offense to defend yourself

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).

Contact Curcione Law, PLC today!

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!

We serve the entire Hampton Roads area, including Newport News, Portsmouth, Petersburg, Suffolk, Williamsburg, Virginia Beach, Chesapeake, and Hampton.

  • Our Firm Is Backed By Trial Success

    Now is not the time to put your case in the hands of an inexperienced lawyer. Our firm is backed by a long-standing history of success.

    View Our Case Results
  • Why You Need a Former Police Officer

    Having served as a police officer for nearly a decade, Attorney Curcione knows what it takes to protect your rights, freedom and future.

    Reason to Choose Us
  • Get Started with a Free Evaluation

    Curcione Law, PLC is available to take your call 24 hours a day, 7 days a week. Contact our firm today to set up your free consultation!

    Take the First Step

Start Your Defense Now

(757) 777-9207

Call us today or fill out a contact form to schedule your free consultation

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.

Criminal Defense

  • Appeals
  • Assault & Battery
  • Child Abuse
  • Computer Crimes
  • Driving with a Suspended License
  • Drug Crimes
  • DUI
  • Expungement/Record Sealing
  • Protective Order
  • Reckless Driving
  • Sex Crimes
  • Theft Crimes
  • Traffic Tickets
  • Violent Crimes
Curcione Law, PLC - Norfolk Criminal Defense Attorney
999 Waterside Drive, Suite 2525,
Norfolk, VA 23510 View Map

Call Today (757) 777-9207

Website: http://www.norfolkcriminaldefenseattorneys.com/
© All Rights Reserved.
Curcione Law, PLC

Experienced Agressive Representation. Call Today

(757) 777-9207
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Internet Marketing Experts
  • Home
  • Free Consultation
  • Contact Information
  • Site Map
  • Privacy Policy