Prince William County assault penalties can be very serious in nature. The prosecution for such cases can be very aggressive in their approach. Penalties include having to serve time in jail and paying fines.
If you have been accused of an assault in Prince William County, contact an assault attorney immediately. An experienced lawyer could help you defend yourself against the penalties you may be facing.
A Prince William County prosecutor must demonstrate four factors beyond a reasonable doubt in order to prove assault.
The first element that the prosecutor must prove is that the accused made a confrontational physical movement directed at the alleged victim. The second element that must be proven is that accused intended for that movement to cause the alleged victim to expect harmful or unwanted physical contact.
The third factor that the prosecutor must prove is that the movement caused the alleged victim to believe that the accused was trying to harm them. The fourth factor that must be proven is that the alleged victim’s expectation of that contact was reasonable in light of the circumstances. The prosecution also needs to prove basic jurisdiction, meaning that they have to prove that the assault occurred in the correct city or county that the case is being brought.
The penalties associated with assault in Prince William County are up to 12 months in jail and a fine up to $2,500. However, sometimes assault charges can lead to enhanced penalties.
An enhanced penalty is when an individual’s sentence increases due to their history of offenses or due to the nature of their offense. If an individual has a prior record of other assaults, then they could receive an enhanced penalty. In addition, if a person assaults another based on their race, religion, gender, disability, or other identifying factors, they could receive an enhanced penalty.
Examples of enhanced Prince William County assault penalties include mandatory minimum sentences, serving time in jail, and automatic protective orders against the accused.
For certain misdemeanor assaults, there is a contract called an accord and satisfaction agreement. This is an agreement where the alleged victim acknowledges in writing that they are would like the case against the accused to be dismissed. It is then up to the court’s discretion whether or not to drop the charges against the accused.
A person charged with assault in Prince William County should contact an assault lawyer immediately. Often times, individuals believe that they can defend themselves against Prince William County assault penalties. However, there is a lot of investigation and preparation that goes into handling such cases.
Prince William County assault lawyers are experienced in analyzing cases, collecting evidence and putting together a strong defense. The sooner an accused acquires a lawyer for an assault case, the sooner a qualified and objective third party may begin to develop a comprehensive defense against the charge.
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