The common law describes an assault as a threat to harm another person or touch that person against their will. Under the statutes in Leesburg, the law combines assault with battery. A battery is when an actor actually touches another person without that person’s consent. Typically, when the government accuses someone of assault, it means the actor hit another person. If another person alleges you attacked them, you may be at risk for going to jail or having to pay a hefty fine.
These charges could have an extreme effect on your life. If the government convicts you of a felony, you may spend more than a year in jail and need to explain to future employers that you have a criminal record.
Speaking to a Leesburg assault lawyer may be your best option if you are worried about a conviction. A well-versed criminal attorney may be able to help you develop an aggressive defense strategy that could help protect your freedom.
If a prosecutor wishes to pursue an action against a person for assault, the government must prove that the alleged actor intended to do the touching and actually touched the accuser. As a skilled attorney could explain, there are different degrees of assault. These include the following:
A simple assault is a Class 1 misdemeanor, as found in Code of Virginia §18.2-57. If the actor chooses a victim based on some prejudicial reason, the court must send that person to jail for at least six months. If a person causes bodily injury to the victim, then the court may find that person guilty of a Class 6 felony.
If an actor commits an act of assault against a protected person, such as a judge or law enforcement officer, that is also a Class 6 felony. If a person attacks a school teacher or health care provider, that is a Class 1 misdemeanor, and the court must sentence that person to a minimum of 15 days in jail. Individuals accused of an assault should speak with a hard-working Leesburg assault lawyer to learn their rights.
If a person causes permanent and real bodily injury with the intent to do great harm to that person, that is a Class 2 felony, as noted in Code of Virginia §18.2-51.2. The same punishment applies if a person harms a pregnant woman or causes the pregnant woman to lose her baby.
If a person uses some weapon to injure another person with the intent to cause great physical harm, that is a Class 3 felony, as described in Code of Virginia §18.2-51. If a person causes damage without intent, that is a Class 6 felony.
If a family or household member accuses another of domestic assault, the court may issue a protective order. If a person violates that order, that is contempt of court and a Class 1 misdemeanor, as stated in Code of Virginia §16.1-253.2. No matter which type of assault a person is facing in Leesburg, an experienced attorney could champion their case.
If the government is pursuing legal actions against you, you may find the services an attorney vital as you decide what procedure to follow. Depending on the charges, you may be facing serious jail time as well as having a permanent record of a felony.
A Leesburg assault lawyer may be able to offer you advice on the best way to move forward and the most persuasive arguments of defense available to you. You should protect your future at all costs. Sit down with a representative as soon as you can.
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