Assault and Battery Attorney in Warrenton, Virginia

Are you facing battery and assault charges in Warrenton, VA? Criminal defense attorneys from Ashwell & Ashwell, PLLC, are readily available to help you. Assault and battery charges can lead to lengthy prison sentences and fines and should not be treated lightly.

At Ashwell & Ashwell, PLLC, we are dedicated to protecting your rights and doing everything in our power to ensure you get the justice and outcome you deserve. We can investigate the details of your case, collect crucial evidence, and interview witnesses to build a compelling defense.

We know how difficult it is to be facing serious criminal charges alone and against a resourceful prosecution. You must know that you don’t have and should not go through this alone. Our assault and battery lawyers can advocate for your best interests.

If you or a loved one was arrested or charged with assault and battery, it’s best to get legal counsel as soon as possible. Our experienced Warrenton, VA lawyers have handled the most complex battery and assault cases and obtained favorable outcomes. You can rely on us to get the legal representation and defense you need.

Different Types of Assault and Battery and the Possible Penalties

Virginia Code Article 5, Chapter 4, Title 18.2 provides for the different assault and battery offenses punishable by law, although it does not define what constitutes assault and battery. Instead, definitions of assault and battery can be found in case law.

Assault and battery offenses vary in severity, depending on the circumstances.

  • Simple assault: A person commits simple assault when they intentionally threaten or attempt to inflict bodily harm on another person, causing them to fear immediate harm or offensive contact. Simple assault is punishable by a maximum of a 12 months jail sentence and $2,500 in fines.

  • Battery: A person commits battery, known as assault and battery in Virginia law, if they intentionally make unwanted, offensive, or harmful contact with another. It also includes touching the person with an object. This offense is punishable by a maximum of 12 months of jail and $2,500 in fines.

  • Domestic assault and battery (§ 18.2-57.2): When a person commits assault or battery against a member of his family or household, they are charged with domestic assault and battery. This crime is punishable by a maximum of 12 months in jail.

  • Malicious wounding (§ 18.2-51): Malicious wounding is committed when a person maliciously shoots, stabs, or wounds another with intent to cause maim, disable, or kill. Malicious means with intent and without provocation. Malicious wounding is a Class 3 felony punishable by five to 20 years in prison and up to $100,000 in fines.

  • Hate crimes (§18.2-57): Simple assault and assault and battery may be considered hate crimes if the victim incurred bodily injuries and was chosen for his race, religion, sexual orientation, color, or origin. Such crimes range from Class 1 misdemeanor to Class 6 felony, depending on whether physical contact was made.

  • Sex crimes: The following are assault and battery offenses of a sexual nature:

    • Sexual battery (§18.2-67.4): Touching a person’s private parts or forcing them to touch someone else’s private parts or the clothing covering such parts with intent to sexually molest or arouse is sexual battery. This crime is a Class 1 misdemeanor.

    • Attempted sexual battery (§18.2-67.5): An attempt to commit sexual battery is also a Class 1 misdemeanor.

    • Aggravated sexual battery (§18.2-67.3): An adult committing sexual battery against a person with mental or physical incapacity, a minor under 15, or their own child or grandchild is considered aggravated sexual battery. Committing sexual battery through force, threat, or intimidation or causing serious bodily or mental injury is also aggravated sexual battery. This criminal offense is a felony punishable by one to 20 years imprisonment and up to $100,000 in fines.

    • Attempted aggravated sexual battery (§18.2-67.5): An attempt to commit aggravated sexual battery is a Class 6 felony.

Aggravating Factors in Assault and Battery Charges

Several factors can aggravate the nature of assault and battery offenses and elevate them from misdmeanors to felonies. These include:

  • Involving a deadly weapon or a firearm

  • Causing severe or permanent physical impairment

  • The victim is pregnant, a minor, a law enforcement officer, a judge, or any other public officer or employee.

  • The accused’s prior arrests or criminal convictions.

Facing felony charges can lead to more severe penalties. Contact our experienced assault and battery lawyer in Warrenton, VA, immediately to mitigate the risk or a conviction.

The Burden of Proof in Assault and Battery Cases

To hold a person guilty of assault and battery, the prosecutor must prove the following elements:

  1. The accused willfully and intentionally committed the act of touching, threatening, or attempting to touch or threaten the alleged victim.
  2. The accused committed the offense without consent or justification.
  3. In the case of simple assault, the accused’s actions caused reasonable fear that any person would feel in a similar situation.
  4. The accused had a clear and visible ability to carry out the threat and cause immediate harm.
  5. The accused’s actions were offensive and harmful.

Possible Defenses to Assault and Battery Charges in Warrenton, VA

There are several possible defenses that your defense can use to get your charges dropped or reduced. These include:

  • You had no intention to cause bodily harm or injury

  • There was no physical contact

  • You were provoked

  • You were threatened or unlawfully harmed

  • Mistaken identity

  • Self-defense

  • You are a domestic violence victim and acted in self-defense

  • Unlawful arrest

How a Virginia Criminal Law Attorney Help You Fight Assault

Having skilled legal counsel handle your assault and battery case is an invaluable investment in your future. Here are a few ways in which an experienced criminal defense lawyer can help you:

  • Assess the strength of the case against you and identify potential weaknesses or defenses.

  • Investigate your case by gathering evidence, interviewing witnesses, and identifying any mitigating factors to build a strong case.

  • Negotiate with the prosecution to potentially have charges reduced or dismissed.

  • Represent you in court, presenting your defense, cross-examining witnesses, and arguing on your behalf.

  • Ensure your constitutional rights are upheld throughout the legal process and prevent any violations or improper procedures.

  • Work to minimize the consequences of a conviction, such as reduced sentencing or alternative sentencing options.

  • Simplify the criminal process procedures for you, explain your case and legal options, and provide the needed guidance to make informed decisions.

Ashwell & Ashwell, PLLC, Can Help You

If you or someone you love is accused of assault and battery in Warrenton, VA, reach out to us at Ashwell & Ashwell, PLLC, as soon as possible.

Our law firm is devoted to protecting and upholding the rights of the Warrenton community. We’ve handled countless criminal defense cases and helped hundreds walk free. Contact our criminal defense lawyers in Warrenton, VA, to schedule a free initial consultation.


Contact Ashwell & Ashwell, PLLC Offices Today!

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