Simple vs Aggravated Assault in Spotsylvania County

In Spotsylvania, an assault is the imminent threat of unwanted touching, which means the victim has a reasonable apprehension of the imminent threat of unwanted touching. There are multiple types of assault, like simple assault and aggravated assault that exist in Spotsylvania. It is important to know the difference between the charges and know what kind of penalties can be expected for both. If you are facing charges for either type of assault, an experienced Spotsylvania county assault lawyer can assist you in building a defense and protecting your legal rights.

Simple Assault

Simple assault in Spotsylvania is basically any kind of assault that does not have something added to it. It is any situation where a person has somebody who faces unwanted bodily injury, unwanted touching, or unwanted bodily injury and a reasonable apprehension of imminent unwanted touching or bodily injury. At that point, it would be a simple assault. Simple assault is a Class One misdemeanor.

Trials

Trials for simple assault cases in Spotsylvania are heard in General District Court unless it is a situation involving a family member, some other type protective class, or a juvenile, which can turn into the domestic relations court.

It is always going to be a bench trial the first time around in both General District Court and juvenile domestic relations court for simple assault. That means a person does not have the opportunity to have a jury unless they are appealing at the Circuit Court.

Penalties and Consequences

The penalties for simple assault are up to 12 months in jail and/or up to a $2,500 fine. A misdemeanor conviction will stay on a person’s criminal record forever. A person convicted of simple assault risks that future employers will think that person is dangerous and their family and friends might look differently at them if they have an assault conviction on their record. In addition, there is always a threat of a protective order, which sometimes comes with these types of cases and could really hinder that person’s activities.

Simple assault charges are not able to be expunged after a certain time, if the person is convicted.

Aggravated Assault

Aggravated assault in Spotsylvania is basically a simple assault with something extra. It is still going to be the reasonable apprehension of imminent bodily harm or unwanted touching, however, there is going to be another aspect to it that aggravates it. For example, that could be a weapon involved or some type of malicious intent. The extreme nature of the injury coupled with a malicious intent to harm could make the offense a felony.

If it is assault, there is not going to be any serious bodily injury. Assault is the attempt to do something, which means that there was no injury. If there was an injury, it would be a battery or assault and battery case. In that case, it would be an additional charge, which is common in Spotsylvania.

Penalties and Consequences

The penalties for aggravated assault depend upon the factors in the case. It depends on if there was a weapon involved, if it was during the course of a felony action, and it included some type of threat, because it would be a considered a felony offense. The penalties could include prison time and a much higher fine that it would for just the 12 months in jail, but it depends on the facts of the case.

Aggravated assault cases depend on the person’s record, who the alleged victim was, and the type of weapon that they had and what they did with it. The person can get a couple of months in jail, all suspended time, or years in prison.

The long-term consequences could be prison time. It is going to be a criminal conviction on the person’s record. If it is a felony offense, there will be civil penalties, such as the person losing the right to carry a gun, the right to vote, and the right to certain government assistance.

Assault with a Deadly Weapon

Assault with a deadly weapon is the imminent threat of unwanted bodily injury or unwanted touching often seen in aggravated assault cases in Spotsylvania. As assault with a deadly weapon is threatening somebody with a weapon. There has to be reasonable apprehension that something would happen to them with that weapon for assault with a deadly weapon. It is a felony offense in Spotsylvania.

Guns are considered deadly weapons. There is a wide range of objects that could potentially inflict some kind of injury causing death. Knives can be considered a deadly weapon, depending on how they are used as well as other things which are not necessarily deadly by design can be considered deadly weapons. For example, sticks or shoes if they are used in a certain way or have certain aspects that could cause them to be particularly dangerous could be considered deadly weapons for the purposes of the statute.