Being arrested and accused of assaulting another person is understandably a difficult time, especially if you are not sure what you did to get into this situation. Regardless, it is a serious legal matter, and a conviction could have consequences that affect your future.
Having a Richmond assault lawyer from Ashwell & Ashwell to represent you against the charges is crucial to protecting your rights and reaching a fair outcome. Our criminal defense legal team has combined experiences as judges, prosecutors, and public defenders to provide you with a confident defense in the courtroom.
Many people use the terms “assault” and “battery” interchangeably, but they are usually two distinct offenses. Assault refers to using words or actions to threaten harm or violence against another person, while battery is the physical contact that causes a bodily injury. In this way, even a spoken threat could result in charges, even if there was no touching.
Some states keep these as separate crimes. The state of Virginia, on the other hand, has decided to simplify the process and combine the two into only one offense. That being said, there are several factors that could change the exact type of charge that gets filed in the criminal justice system, primarily the extent of the harm caused to the victim.
Simple assault is when there are minor injuries or just the use of threatening words. This typically happens when two or more people get into an argument that gets heated. Aggravated assault is when there are severe bodily injuries, or the alleged offender uses words or actions that convey a reasonable fear of bodily harm or death. Using a deadly weapon like a firearm or a knife could be enough to elevate a simple assault to an aggravated charge. Other examples include causing broken bones or concussions during a physical altercation.
No matter what the charges, the accused have the right to a defense. Every strategy is going to depend on the specific facts of the case, so it is vital to have a knowledgeable attorney who understands the different types of assault charges in Richmond.
Each charge has different penalties that the court could impose for a conviction. Richmond judges have some discretion in this regard, which is why anyone accused of simple or aggravated assault should seek skilled legal representation to ensure the process is fair.
Under the Code of Virginia § 18.2-57, simple assault is a Class 1 misdemeanor. While this is a lesser charge, a conviction could still result in a fine of up to $2,500, up to 12 months in jail, or a combination of both. Aggravated assault is classified as a felony, which could result in higher fines and longer jail times.
In addition, Virginia law could increase potential penalties if the victim was targeted because of their race, religion, gender, or other characteristics. Similarly, assaulting a law enforcement officer, public school teacher, or health care provider is considered a felony.
While it is possible to defend yourself against the accusations, the criminal justice system is complex, and it is easy to miss a deadline or a key fact. An experienced Richmond assault lawyer from Ashwell & Ashwell could advocate for your rights and future.
Our team takes the time to understand your side of the story so we could build a personalized strategy. Contact Ashwell & Ashwell for a confidential case consultation with one of our attorneys.
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