As defined by Prince William County law, simple assault refers to any misdemeanor charge that does not rise to the level of a felony. Simple assault is always classified as a Class 1 misdemeanor in Prince William County, Virginia.
If you have been involved in a simple assault case, contact a Prince William County simple assault lawyer. An experienced criminal attorney could help you defend your case.
While there are different types of misdemeanor assaults, Prince William County simple assault lawyers are aware that they always fall into one of two scenarios.
The first scenario is that the accused intended and attempted to commit a battery but was unsuccessful for some reason in touching the alleged victim.
The second is that the accused intended to threaten a battery by making a physical motion toward the alleged victim. In this type of scenario, the accused often feigns the commission of a battery to make the alleged victim flinch or flee.
If touching does occur, a battery has been committed. The contact does not have to be harmful or violent in nature.
The penalties for simple assault in Prince William County are incarceration for up to 12 months and a fine of up to $2,500.
Prince William County simple assault lawyers know that there are four elements that the prosecution would try to prove beyond a reasonable doubt in a simple assault case.
The first is that the accused made some sort of confrontational physical movement directed at the alleged victim. The second is that the accused intended for that movement to cause the alleged victim to expect harmful or unwanted physical contact as a result. The third is that the movement caused the victim to experience fear. The fourth is that the alleged victim’s fear was reasonable in light of the circumstances.
Simple assault cases are almost always heard in the general district court because they are misdemeanors.
If a person appeals a simple assault conviction after losing a trial in general district court, or if a person is also charged with felony offenses from the incident, those offenses may get tried in a higher trial court known as “Circuit Court”.
Individuals facing simple assault charges should be concerned because the conviction of a charge could have much broader negative implications than the narrow case in front of the accused.
Collateral matters such as custody, divorce, immigration, and employment eligibility could all be affected by convictions ins simple assault cases. In addition, future attempts to get bonded out of jail and future criminal sentences involving similar behavior would also be exacerbated.
For these reasons, if you are involved in a simple assault case, it is recommended that you contact a Prince William Country simple assault lawyer immediately to determine how they could minimize or drop the charges against you.
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