Fredericksburg County Assault Lawyer

Virginia categorizes assault charges in terms of severity. Having a solid understanding of these charges with the support of a seasoned criminal defense attorney can help you navigate your case more effectively. If you are facing assault charges, consulting Karin Riley Porter, an experienced Fredericksburg County assault lawyer, could help strengthen your defense in an impending legal case.

Assault and Battery

Assault and battery are distinct offenses that often overlap in assault charges, which a Fredericksburg County attorney could help you handle. Assault refers to attempting to cause harm, credibly threatening to cause harm, or instilling a reasonable fear of harm in the victim. Battery, however, involves coming into actual physical contact with the victim in a rude, vengeful, or angry manner.

Simple Assault and Battery

Assault does not involve coming into actual contact with the victim. Instead, it relates to someone unsuccessfully attempting to commit battery or making the victim credibly fear physical harm.

Attempting to hit someone is assault, but following through with contact leads to the charge of assault and battery, although the two charges are often difficult to separate. The level of threat or harm involved in a simple assault and battery charge is low enough that it does not qualify as a more serious charge.

Examples of simple assault include legitimate verbal threats, as well as throwing a punch or something else at the victim, but missing. Examples of simple assault and battery include slapping, pushing, or punching the victim, as well as throwing an object and making harmful contact.

Legal Fines and Penalties

The state generally classifies a charge of simple assault or simple assault and battery as a Class 1 misdemeanor. A conviction can carry up to 12 months of jail time and fines of up to $2,500. However, certain enhancements can increase the severity of the charge.

Enhancements for Assault Charges

A Fredericksburg County attorney can explain the several enhancements that could increase the penalties for assault and battery charges.

Serious Injuries

If the offense causes the victim to suffer a serious injury, involves the use of a weapon, or makes the victim credibly fear serious harm, the court could elevate the charge to a Class 6 felony. A conviction at this level carries a prison sentence of one to five years and fines of up to $2,500.

Domestic Charges

If the victim of the offense is a family or household member, the charge is a Class 1 misdemeanor. However, if the defendant has two prior assault and battery offenses within the past 20 years, the court can elevate a third offense to a Class 6 felony. A conviction at this point carries a prison sentence of one to five years and fines of up to $2,500.

Against a Protected Person

If the victim of the offense is a member of a protected class, the law allows for increased fines and penalties in a conviction. Protected individuals include:

• Members of law enforcement
• Judges and magistrates
• Correctional officers
• Emergency medical services personnel
• Firefighters
• Teachers and other public school personnel
• Healthcare workers

Additionally, hate crime enhancements apply when a person intentionally chooses victims based on certain factors such as religion, race, or skin color.

What Are the Social Consequences of a Conviction?

A primary reason to fight against an assault conviction is the risk of legal fines and penalties. However, there are also social consequences to consider. Criminal records are available to the public, and having an assault charge on your record can tarnish your reputation. In turn, this can limit your future opportunities, including those related to furthering your career, retaining your professional licensure, renting a home, being approved for a mortgage, and pursuing further education.

Having a knowledgeable assault attorney on your side can make a meaningful difference in the outcome of your case in Fredericksburg County.

Contact Us To Speak With a Fredericksburg County Assault and Battery Attorney Today

Karin Riley Porter is an experienced Fredericksburg County assault lawyer whose dedicated commitment to her clients has earned her an impressive reputation for success. Contact us today to schedule a free case evaluation with the team at Price Benowitz and learn more about what we could do to help you.