Spotsylvania Assault Lawyer
In Spotsylvania, an assault is defined in the same way that it is defined for the rest of the state of Virginia. Assault is the imminent threat of unwanted touching. It means the victim has a reasonable apprehension of the imminent threat of unwanted touching. It is not defined physically in the code; it is defined through Virginia case law and as such should only be defended using an experienced Spotsylvania assault lawyer.
An experienced Spotsylvania county criminal lawyer can assist you in building a defense and protecting your legal rights.
Common Assault Charges
The most common assault charges are usually assault and battery charges, simple assaults, domestic violence charges, and aggravated assault.
A specific example of common simple assault in Spotsylvania is somebody touching somebody else who does not want to be touched, like somebody pushing or shoving someone.
If you have been charged with this sort of charge, it is important to contact a Spotsylvania assault attorney.
Assault vs. Battery
Spotsylvania has the same laws as the rest of the state of Virginia. For assault and battery, the only difference is that assault has the imminent threat of something with a reasonable apprehension of unwanted contact or unwanted bodily injury. Battery is the actual unwanted touching.
Burden of Proof
In assault cases, the prosecution is trying to prove that the person had a reasonable apprehension of imminent bodily contact or bodily injury. That means they have to prove a couple of things.
First, they have to prove that there was an individual who did have some kind of apprehension that somebody was going to touch them or hurt them. Secondly, the act has to be reasonable. An assault lawyer in Spotsylvania can help an individual defend against such allegations.
Severity of the Charge
Law enforcement takes the charges very seriously in Spotsylvania. An assault and battery are two of the most common charges in Spotsylvania. Someone reported for this will likely be arrested and need the assistance of a Spotsylvania assault lawyer.
Assault charges are intimidating for clients to face because they are Class One misdemeanors. They carry up to 12 months in jail and/or up to $2,500 fine. More importantly, depending on the type of assault and battery, there can also be a protective order that goes with it.
Many times, a person cannot be around the people that they know or cannot go to certain locations if that person is convicted of an assault charge, sometimes even if that person is just accused of an assault charge. There is also the social stigma that goes along with it. Somebody with an assault charge on their record can be considered more dangerous and less desirable in the eyes of employers when it comes to assessment.
Normally, there is not going to be any investigation before a charge. The evidence will normally be from a caller from the scene of the incident. If there is an investigation, it is probably going to be a more serious charge than simple assault.
Otherwise, it is just the officers getting called to the scene of an event that concludes the investigation. If the officers do not go out or there is no call, it is usually a civilian complaint and somebody can bring their assault and battery charges.
Building a Defense
To properly defend against such charges, an individual should not hesitate before contacting a Spotsylvania assault attorney. An experienced lawyer will be able to gather all the necessary evidence to help lessen or reduce any penalties associated with the charge.
Benefits of Having an Attorney
For a person who is facing an assault charge, having an attorney is extremely helpful and important. The attorney can find out what is going on and nip it in the bud before it gets worse. For example, if a person has an assault often a court order might come down the pipe or other charges might come along with it. An attorney can prevent this from happening, prevent that person from incriminating him or herself, and serve as a liaison between the person and the officers and sometimes between that person and the potential victim.
An attorney is also able to sometimes handle these things without going to trial. The attorney can voice something with the prosecutor or even work something out with the alleged victim to patch things if there is some kind of injury or payment that the person can make to the victim to make the charges go away. The attorney can help facilitate that.