Roanoke Assault and Battery Lawyer Representing Defendants Accused In Virginia
The term “assault and battery” can refer to a number of different crimes in Virginia. Each of these crimes has one thing in common: serious potential legal consequences. If you have been charged with assault and battery, contact a criminal defense lawyer from the Law Office of Seth C. Weston, PLC at once.
Seth C. Weston is a skilled criminal defense attorney who will aggressively fight to protect your rights and your future. Call 540-342-5608 or fill out the form on our website to schedule a free consultation regarding your case.
Assault Vs. Battery In Virginia
Many people are not aware of the difference between assault vs. battery. In fact, a lot of people incorrectly use the terms assault and battery interchangeably.
The legal definition of assault is an act that is intended to make the victim believe he or she is in serious danger of bodily harm. An example of this would be aggressively running towards someone while shouting that you are going to harm him or her physically.
This is considered assault even if you never actually make physical contact with the victim simply because your actions made the other person fear for their life. Battery, on the other hand, is making physical contact with another person with the intent to offend or harm the victim.
Is Assault And Battery A Felony Or Misdemeanor In VA?
Assault and battery can be charged as either a felony or misdemeanor in the state of Virginia depending on the nature of the crime and the status of the victim. Simple assault and battery is charged as a class 1 misdemeanor.
Assault and battery against a family member is also a class 1 misdemeanor unless the defendant has a prior record of committing violent crimes such as assault and battery, aggravated malicious wounding, or strangulation.
It is a class 1 misdemeanor to commit assault and battery upon certain personnel such as healthcare workers or teachers. If you are convicted of committing this crime against one of these individuals, you can face enhanced penalties, including mandatory jail time.
Simple assault and battery is a misdemeanor, but there are a number of circumstances in which assault and battery is charged as a felony. For example, if a seriously injured victim of assault and battery was chosen because of his race, religion, skin color, or ethnicity, the crime can be charged as a class 6 felony instead. This is because this type of crime is classified as a hate crime, which is aggressively prosecuted in the state of Virginia.
Assault and battery is also considered a class 6 felony when it is committed against a police officer or other government workers such as firefighters, correctional officers, and judges.
It’s important to note that every assault and battery charge is serious regardless of whether it is a felony or misdemeanor. Even if the crime is classified as a misdemeanor, it can still lead to various legal penalties that can have a significant impact on your future.
What Does The Term Aggravated Assault And Battery Mean?
Some states classify certain types of assault as “aggravated assault crimes.” However, in Virginia, the crime is referred to as aggravated malicious wounding instead of aggravated assault.
This crime is committed when someone shoots, stabs, wounds, or causes some other form of bodily injury with the intent to seriously harm or kill the victim and the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment. Aggravated malicious wounding is a more violent crime than simple assault and battery, so it carries far more serious penalties.
How Can The Best Criminal Defense Attorneys Fight Assault And Battery Charges?
It’s important to remember that a charge does not always lead to a conviction. Assault and battery charges are defendable—that is, as long as you are working with the right attorney.
Every criminal case is unique, so every criminal defense strategy should be unique, too. Attorney Seth C. Weston will carefully review the details of your case before determining the best way to defend you against these charges.
Contact Our Award-Winning Law Firm To Fight Your Assault And Battery Case In Ronoake, VA
If you have been accused of assault and battery, it’s in your best interest to seek legal representation from the Law Office of Seth C. Weston, PLC as soon as possible. Seth C. Weston is an experienced criminal lawyer for assault and battery defendants and is known for working tirelessly to help his clients reach the best possible outcome in their cases. To schedule a free consultation, call 540-342-5608 or fill out the brief form on our website.