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McLean Assault Lawyer

Law enforcement may charge someone with assault and battery if they believe that an individual threatened violence toward others or physically inflicted injuries on another person. Because the consequences for this charge can be severe, you should consult with a McLean assault lawyer if you are facing these allegations.

An assault and battery conviction can have repercussions that last well beyond your sentence. A permanent criminal record can be detrimental to your ability to find a job, a house, or creating working relationships with others. A seasoned criminal defense attorney could work to avoid or reduce the possibility of these unwanted ramifications. En Español

How a Charge is Classified

Assault and battery is generally a Class 1 misdemeanor offense but can be a felony in various instances. The factors that determine whether an instance of assault results in a misdemeanor or a felony charge may include:

  • The reason behind the assault
  • The type of person targeted
  • The severity of the injuries the plaintiff sustained

In many cases, aggravating circumstances such as these can elevate the offense from a misdemeanor to a felony. The consequences of a felony conviction can be far more extensive than for a misdemeanor. A McLean assault attorney could distinguish between the different levels of these charges and explain the potential penalties for each offense.

Assault as a Felony Offense

Various factors can elevate a misdemeanor assault and battery charge to a felony. For instance, if an accused individual intentionally chose to attacked another person based on their race, religion, or national origin, this offense is a Class 6 felony. A conviction for this crime carries the potential for up to six months in jail with a mandatory minimum incarceration period of 30 days. An individual facing felony charges should contact an accomplished lawyer as soon as possible.

Allegations of this kind also may become a Class 6 felony if the alleged victims are engaged in the performance of their public duties according to their specific occupations. These occupations include:

  • Police officers
  • Firefighters
  • Correctional or jail officers
  • Judges

This law also applies to emergency medical services personnel and other first responders. This offense requires a minimum six-month jail sentence.

Potential Penalties for Assault and Battery

Under Virginia Code §18.2-57, a conviction for a Class 1 misdemeanor assault and battery may result in a jail sentence of up to one year and a maximum fine of $2,500. For a Class 6 felony conviction, however, individuals may face a prison sentence of one to six years.

If the defendant assaulted or beat someone while they were performing official duties, the charge remains a Class 1 misdemeanor but carries a mandatory minimum jail sentence. For example, if someone beats a school employee, they may face 15 days in jail with a two-day mandatory minimum. This enhanced penalty also applies to medical professionals in emergency care facilities.

The consequences for assault also may increase in severity if the accused assaulted someone with a firearm or other dangerous weapon. The penalty for this offense has a mandatory minimum jail sentence of six months. A McLean lawyer with experience litigating assault cases could review a defendant’s charges and determine the penalties they may be facing.

Contact a McLean Assault Attorney for Help

Facing assault and battery charges can be a stressful and frightening experience. If you are convicted, you could lose your job, house, and relationships with your loved ones. A McLean assault lawyer could examine the circumstances that led to your charges and work to minimize the consequences you may be facing. To learn how an attorney could help you, call today.

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