Assault is a very serious crime in Virginia, and the penalties associated with it are sometimes quite harsh. These penalties can often overwhelm an individual, and the legal proceedings that follow are not ones which can be handled without the guidance of an attorney. For this reason, if you are facing such charges in Virginia, it is important that you contact an experienced Chantilly assault lawyer immediately. A knowledgeable defense attorney will be able to properly advise you on strategies to best fight your charge, and reduce or dismiss any penalties you are facing.
Assault under Virginia law is defined as a person causing another person reasonable fear of imminent bodily injury or unwanted physical contact. Physical contact itself is not necessary to prove assault, but the elements are going to be an action of one person toward somebody else in a way that creates the expectation of bodily injury toward that other person, or fear of unwanted touching.
Assault charges are intimidating to clients because the idea of assault is sometimes hard to understand. Specifically, what some people refer to as assault actually entails an act of battery. Nevertheless, the crime is charged under the same statute thereby making it important that a Chantilly assault lawyer is consulted in order to build a strong defense.
Assault is different than the idea of battery. This is because battery deals solely with the unwanted touching portion of assault. The legal act of battery is when somebody has an intent to touch somebody else without that person’s consent, and continues to commit that unwanted touching.
Battery is following through with the act of assault. The assault is the reasonable apprehension of imminent bodily injury or offensive conduct, and battery is acting on that offensive conduct. Assault can also be seen as attempted battery.
Chantilly law enforcement officers take assault very seriously. Emergency calls related to an assault of some kind almost always result in an arrest where one individual is charged. An officer will report to the scene, listen to the individual’s account of what happened, and make a determination as to how to proceed with any arrests.
Chantilly officers do not usually conduct long investigations before arresting someone for assault. The arrest usually occurs almost immediately after the officer is on the scene, and almost all arrests take place the same day as the investigation. Any individual who has been arrested for such a charge should enlist the help of a Chantilly assault attorney immediately, who can properly advise them on how to effectively proceed with their case.
Penalties for simple assault in Virginia are going to vary depending on the facts of the case, but because it is a misdemeanor offense, an individual is going to face up to one year in jail and up to a $2,500 fine.
The benefits of working with an experienced assault lawyer in Chantilly are that they may be able to get the charges against an individual dismissed or reduced. Experienced assault attorneys should know the laws of Virginia, and what the state determines is and is not classified assault.
With that said, every case is unique. There are different elements within each case that can be identified and argued, so it is important to have a Chantilly assault attorney who is capable of handling these arguments throughout the course of the trial. A lawyer must be a quick thinker, able to pull the specific evidence they need from the witnesses, as well as poke holes in the stories of the witnesses against their client.
Often, assault is proved beyond a reasonable doubt simply by the alleged victim’s statement. If there is somebody who is bringing charges against an individual for assault, and it is just the accused individual’s word against the alleged victim, it helps to have an attorney to point out the inconsistencies in the alleged victim’s statement and otherwise using their knowledge of the law to help defend against any allegations.
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