Frederick County Assault Lawyer

If you were accused of a violent crime like assault, you already know that allegations alone can be damaging. However, an assault charge and eventual conviction is likely to result in serious penalties and a criminal record that could follow you for years.

For these reasons and more, it is critical to seek the help of a Frederick County assault lawyer like those at our firm. Our criminal defense team can help you understand the charges you are facing and work toward a resolution that protects your freedom and future.

Assault Charges Are Wide-Ranging

The statute commonly cited regarding simple assault and assault and battery is Virginia Code § 18.2-57. However, the full range of possible assault charges is much broader, with penalties ranging from fines to incarceration. The factors that prosecutors use to determine assault charges (and related sentences) include:

• The level of harm the alleged victim suffered
• The method of assault (use of a weapon, strangulation, caustic substances, etc.)
• The motivations of the alleged attacker (whether the attack was motivated by racial or religious intolerance, for instance)
• Whether the victim was a family or household member
• Whether the alleged victim was a law enforcement officer, corrections officer, or judge

Depending on the circumstances, our assault lawyers in Frederick County, VA may be able to have the charges reduced or dismissed based on lack of evidence. If that is not possible in your case, they will work with you to determine next steps, which could include fighting the charges or negotiating a favorable plea deal.

What Legal Defenses Strategies Are Available In Assault Cases?

After a physical altercation between two strangers, the alleged victim cannot always identify their attacker. If someone misidentified you as the person who assaulted them, mistaken identity is a possible defense. In other situations, the defendant may need to reply on other defenses, such as:

• Self defense: You’ll need to show that the other person started the confrontation and believed you were in danger of immediate harm.
• Defense of others: You saw that someone was being attacked and you stepped in to help them.
• Defense of your property: You acted with non-deadly force to prevent someone from stealing or damaging your property.
• Accidental injury or lack of intent: The prosecution might not be able to prove that you acted with an intent to cause harm.
• False accusations: When arguments become heated, especially between intimate partners (spouses or significant others), one person may escalate the situation by falsely claiming to be a victim of assault.
• Lack of evidence: If there were no witnesses to the altercation and injuries are relatively minor, it becomes one person’s word against another’s. This may not be enough evidence for prosecutors to prove guilt beyond a reasonable doubt.

The defense strategies available to you will depend on the details of the incident and what evidence law enforcement has been able to obtain. Our Frederick County assault attorneys can help you understand your options and choose the strategy most appropriate to your case.

Discuss Your Assault Charges With An Attorney in Frederick County, VA

Being accused of violence or threats of violence can make it harder to find a job, volunteer at your child’s school, or participate in many other aspects of community life. If you were charged with assault, the criminal and reputational consequences can be significant. You need to be prepared to fight the charges with the help of a Frederick County assault lawyer like those at Price Benowitz. We offer free case evaluations for prospective clients facing criminal charges. Contact us to speak to one of our experienced attorneys today.