Assault is an attempt to offer with force and violence to do some bodily hurt to another by means calculated to produce the end if carried into execution. Circumstances that show an intention to do harm coupled with the present ability to do the harm, though no harm is actually done, is a simple assault. If you have more questions about whether your case meets the elements of simple assault, contact a Culpeper simple assault lawyer. Or if you have already been charged consult with an assault lawyer in Culpeper to discuss your case.
An experienced simple assault attorney in Culpeper can be extremely helpful in an assault charge for several reasons.
One, a simple assault lawyer with local experience will know the police officers, will know the prosecutors and will know the judges in the case. This provides invaluable insight into what kinds of tactics will be employed by the government, what sorts of defenses work best in front of judges, and what sorts of arguments work best in front of judges.
In addition, assault and battery cases or assault cases are so fact-dependent that an experienced lawyer can really draw out all of the facts that are favorable to the defendant and do a good cross-examination of the alleged victim and other witnesses to make sure that the accused has the best chance for the maximum favorable legal outcome in their case.
Simple assault is a serious charge. Assault is a class 1 misdemeanor in Virginia meaning that it carries a potential penalty of up to a year in jail and a $2,500 fine. It is a serious offense and anytime someone is charged with a violent crime such as assault, active jail time is a real possibility if they are convicted.
Culpeper simple assault lawyers have seen simple assault charge in a number of ways. Very often an assault charge will accompany a battery charge or some other charge, but in many instances a simple assault charge will be the result of some kind of altercation where there is an attempt to do harm such as an attempt to throw a punch, an attempt to throw an object to another person, but that attempt is unsuccessful.
When the attempt occurs, but the punch does not land so to speak, assault is frequently among the charges that a person will be faced with under those circumstances.
Assault cases in Culpeper are heard in one of the three Courts that are located in the town of Culpeper. Most frequently an assault case will be heard in the Culpeper County General District Court because assault is a misdemeanor and that’s where misdemeanors are heard. However, there are some cases either where there has been appeal to the Circuit Court or where there is an assault on a law enforcement officer (which is a felony) and these cases are heard in the Culpeper County Circuit Court.
Finally, if the accused is juvenile or if the victim of the assault is either a juvenile themselves or family member of the accused, then that case will be heard in the Culpeper County Juvenile and Domestic Relations Court.
A person can generally expect that an assault charge is going to be vigorously prosecuted and a great percentage of the time their cases will be tried. The reason for this is that, in an assault case, there is almost always an alleged victim who feels aggrieved and wants their day in Court. These individuals will frequently insist that the prosecutor move forward with the case and that is very often what happens.
They can also expect that if the facts and circumstances of the case are unfavorable for them that they are at real risk of being incarcerated or receiving a significant fine upon conviction. Recall that up to a year in jail and a $2,500 fine are available for this offense making it important to consult with a Culpeper simple assault attorney.
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