Culpeper Assault Lawyer
Assault is a very serious crime in Virginia that can lead to very serious consequences. Beyond the potential for jail time or fines, there is a stigma attached to assault charges and convictions which can ultimately affect a person’s employment and housing options, as well as the relationships they have with friends and family.
For this reason, it is crucial to contact a Culpeper assault lawyer as soon as possible. A defense attorney in Culpeper can use their experience in other, similar cases, as well as their knowledge of the Culpeper court system to build a strong defense and minimize the penalties of your case as much as possible.
Assault charges can be intimidating to clients because these allegations, especially within domestic situations, carry a number of other implications. For example, if someone is in a custody battle over their children, having an assault conviction on their record makes it less likely that they would get possession of their child or children back.
Additionally, in situations where a person is going to apply for a job, having an assault conviction on their record could definitely make a future employer think that they are a risk and a dangerous person. If that happens, then the person is not going to keep their job, let alone be able to land a job in the future. Furthermore, some security clearances do not allow any misdemeanors, so an assault conviction could certainly hinder their ability to pass a security clearance making it important the initial charge is contested as strongly as possible with an experienced Culpeper assault attorney.
Elements of Assault
The definition of assault in Virginia is the reasonable apprehension of imminent bodily injury or unwanted contact. The unwanted contact or imminent bodily injury is attached to the battery portion. The difference between assault and battery is that assault is just a threat by itself. It does not have to be a verbal threat, it does not have to be a physical threat. Instead, just simply a movement that puts somebody else in a reasonable fear of imminent bodily injury or imminent unwanted contact can be considered assault. For battery, there usually needs to be some type of unwanted touching or unwanted contact.
Especially in Virginia, however, it is possible to assault someone but never actually touch them or actually attempt to touch them either. This difficulty between an assault and assault and battery varies with the sense of touching and is that may require the attention of an assault attorney in Culpeper.
The type of evidence gathered depends on the type of case. Often there is surveillance video available from a business or nearby. Additionally, there may be other kinds of recordings such as someone videotaping the incident or making an audio recording, these usually come from the alleged victim or eyewitnesses.
Often, assault cases become a “he said, she said” situation, so it is really important in this type of case to have people who can support the defendant’s story or discredit the victim.
How an Attorney Can Help
A Culpepper assault lawyer can challenge the prosecution’s case in a couple of different ways. Number one, they challenge the evidence. They look for inconsistency in the stories of the victims and the witnesses.
In assault cases, so much relies on the testimony of the victim and the defendant. It is, therefore, very helpful for a person facing assault charges to have a Culpeper assault lawyer by their side when they are facing assault charges, especially in certain situations where there was a mutual fight, or where someone said that they were fighting, but, in reality, there was no fight that actually happened. In these instances, a lawyer can assist in picking apart the evidence of their case and working to build the strongest defense possible.
The lawyer looks for different ways in which the prosecutor’s statements do not match up. They question all kinds of things such as where the person was standing or whether the person was even in the store at that time. Additionally, what actually took place? Did the person actually come in contact with the other person? Was there any kind of reasonable fear? The assault lawyer can point out that the fear was not reasonable in an assault case and the person should not have been afraid.