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The crime of assault and battery involves an instance of intentional harm that one person inflicts on another. Any instance of a physical attack, or even the threat of a physical attack, can qualify as an assault, a battery, or both. A Fairfax assault and battery lawyer from Dave Albo can clarify what your legal options may be and can offer sage advice.
An “assault” is an overt act intended to do bodily harm to another, together with the present ability to cause such harm. It is also an overt act intended to place a person in fear or apprehension of bodily harm that creates in him a reasonable fear or apprehension.
A “battery” is the willful touching of another, without legal excuse or justification, done in an angry, rude, insulting, or vengeful manner.
In the past, battery and assault were thought of as separate crimes. Battery meant that the offender had hit, struck, or offensively touched the victim, which made it a “completed” assault. But many modern laws no longer make a distinction between the two crimes, as evidenced by how common the phrase “assault and battery” has become. Statutes may define crimes of actual physical violence as assaults. Dave Albo is a Fairfax, VA assault lawyer who can explain the legalities that apply to your situation, which can be of great benefit as your case proceeds through the court system.
The more violent the assault and battery, the worse the potential punishment. At some point, an assault can become “murder,” which is punishable by death, or “malicious wounding,” which is punishable by up to 20 years in prison or five years in prison, depending upon the severity. At minimum, Assault and Battery is a Class 1 misdemeanor, punishable by a jail sentence of up to 12 months and a fine of up to $2,500.00
A crime is considered malicious wounding when the wound that the defendant inflicted was caused with an “intent to maim, disable, disfigure, or kill.” It must be proven that malice was involved in the act, and it must also be proven that the skin was broken by an object other than a part of the body. Our Fairfax, VA assault lawyer can help you build a comprehensive defense that anticipates and addresses all possible accusations and additional charges.
In addition, there is a special class of cases involving family members, Assault and Battery Against a Family or Household Member, which could affect one’s civil rights in ways much different than ordinary assault and battery. This type of case is called domestic assault, and is considered a Class 1 misdemeanor in the same manner as assault and battery. However, if yours is not the first instance of domestic assault, this can complicate the case. The guidance of a Fairfax assault lawyer from our firm can help you consider potential mitigating factors, which could help to lessen any charges or penalties you are facing.
There are also special punishments that apply depending on the alleged victim’s identity. For example, if one is convicted of Assault on a Law Enforcement Officer, the punishment includes a mandatory minimum prison sentence of at least 6 months.
Our lawyers at Dave Albo have extensive experience defending assault and battery cases, including more complicated situations such as domestic assault and malicious wounding. By carefully considering all elements of your case, we can develop a defense strategy that yields the best possible outcome.
Acting in self-defense is the most commonly used defense in these cases, and we can help you determine whether it applies to your situation. In Virginia, there are two kinds of self-defense claims that can be used: justifiable, when the person is entirely without fault in starting the conflict, and excusable, when the person has some degree of fault but has also retreated as far as reasonably possible before using force. Speaking with an attorney is key to determining whether one of these options may be applicable to your case.
No matter what the circumstances of your unique case may be, seeking the legal expertise of Dave Albo can put you one step closer to a strong defense. Whether your circumstances call for putting together a self-defense case or seeking to mitigate the charges against you, we can help. Working with a battery lawyer in Fairfax, VA from our firm can give you the confidence and peace of mind that comes from knowing a legal professional is on your side. To speak with an experienced, capable attorney about your assault and battery case, contact Dave Albo
As an assault lawyer in Fairfax, VA, Attorney Dave Albo understands that both assault and battery are contained in one code section. However, an assault and a battery are two different things. An “Assault” is an overt act intended to do bodily harm to another, together with the present ability to cause such harm. It is also an overt act intended to place a person in fear or apprehension of bodily harm that creates in him a reasonable fear or apprehension of harm. Note that it does not require actual contact. A “Battery” is the willful touching/contact of another, without legal excuse or justification, done in an angry, rude, insulting, or vengeful manner. As noted above, for purposes of Virginia criminal law, assault and battery are essentially interchangeable and charged as the same crime, so our Fairfax, Virginia assault lawyer will defend charges of assault or battery in the same manner.
Note: Our lawyers practice in Fairfax and all other Virginia counties. We have offices in Fairfax, Arlington, and Staunton. We reference Fairfax, VA, in this article because it is Virginia’s largest jurisdiction and has the most rigorous procedures. Work done to Fairfax standards meets or exceeds the standards in every other jurisdiction in the Commonwealth, so it is common to use it as a benchmark.
At a minimum, assault is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.00. However, the degree of violence associated with an assault will determine the specific charges, and our assault lawyer will need to carefully consider the allegations in preparing the appropriate defense. In fact, the more violent the assault, the worse the potential punishment. At some point, an assault can become “murder,” punishable by death, or “malicious wounding,” punishable by up to 20 years in prison or 5 years in prison, depending upon the severity. Our experienced Fairfax, VA assault lawyer will understand the nature of these criminal charges and prepare the best possible defense for the client.
More specifically, there are several forms of assault that an assault lawyer will be required to defend, ranging from serious felonies to misdemeanors.
For example, assault under Virginia Code § 18.2-57 is often referred to as “simple assault.” In addition, there is a special class of cases involving when an assault is committed against family or household members under Virginia Code § 18.2-57, which could affect one’s civil rights in ways much different than simple assault. There could also be special punishments that apply if the alleged victim is a law enforcement officer, healthcare provider, or teacher. And there are “hate crimes” where extra jail is given if the victim is selected because of his race or religion.
Each distinct fact affects the defense strategy and the steps an assault lawyer must take to defend the specific case.
In addition to simple assault, other examples of felony assault type cases include:
Our skilled Fairfax assault lawyer will employ several defenses to try to win these kinds of cases. Or, if it makes sense given the specific facts and circumstances, they may also attempt to negotiate a reduction of a felony to a misdemeanor, such as simple assault. Since the range of punishments for felony assault type cases can include many years in prison (even life), sometimes this can be the best possible result for the client.
Defending assault crimes requires an experienced attorney. Having a top assault lawyer is key to protecting your rights.
It is generally illegal to cause physical harm to another. But making contact with another in a way that causes that person physical harm is not always illegal if the offender’s actions are taken in self-defense or defense of others. With that said, arguing that an assault was committed due to self-defense is usually a nuanced process. As a result, it is important to seek the guidance of an experienced attorney if you have been charged with assault. It may not be enough to simply say, “My actions were in self-defense.” Our Fairfax, VA assault lawyer can help you to construct the strongest self-defense strategy possible once we learn about the specific details surrounding your altercation.
When you argue that an assault occurred as a result of self-defense, you are fundamentally confirming that the assault took place. If you want to argue that no such assault took place or that you were not the perpetrator, you will need to use other defensive tools in response to the offense you have been charged with. Arguing self-defense essentially means that you wish to communicate to the court that the assault took place, but was not an illegal assault because it was conducted as a matter of self-defense.
It is important to understand that in order to be considered legal, a self-defensive assault must generally be considered proportional. Various states treat self-defense differently, but in nearly all cases, self-defense must be proportional. What does that mean practically? Essentially, individuals are usually allowed to exert the same amount of force as is immediately threatening them. If you are a middle-weight man in his twenties who is being threatened by another middle-weight man in his twenties attempting to throw a punch, you can also throw a punch. But if you are a middle-weight man in your twenties being confronted by a six-year-old attempting to throw a punch, you cannot punch the kid “in self-defense” because your force is disproportional to the attack you are facing. Assaults in self-defense must generally be proportional in order to be considered legal.
If you have recently been charged with assault or have questions about the criminal justice system, please do not hesitate to contact our Fairfax, VA assault lawyer today. If you have been arrested, it is important to contact an attorney as soon as possible. Every word you say and action you take in the wake of an arrest can impact the defense of your case. Consulting with a criminal defense lawyer as soon as possible after arrest may help to preserve certain defensive strategies. Your defense strategy may include self-defense, depending on the circumstances surrounding your case.
If you’re considering hiring an attorney, you might also be wondering if you’d be well served by agreeing to a plea bargain. However, it’s important to understand what any given plea agreement entails. For some defendants, it might be a good choice to agree to a plea bargain, but this certainly isn’t the right solution in every case. After hiring an attorney, they can review the details of your situation before offering you legal advice.
Plea bargains are agreements between the defendant’s lawyer and the prosecution. The defendant agrees to plead guilty or nolo contendere (no contest) to the charges, and the prosecuting attorney will provide something in exchange. For example, this could mean that the prosecutor will drop one or more charges (if the defendant is facing several), or recommend that the judge give the defendant a lighter sentence, such as lesser fines or shorter jail time.
One of the biggest draws of a plea bargain is avoiding the stressful process of a courtroom trial. For the prosecution, this means saving time and money. Many local municipalities are struggling to manage overburdened judicial systems and are more than happy to clear one more case out of the courtroom docket.
For a defendant, particularly one with a weak defense and facing serious penalties, a plea agreement might also be beneficial. The defendant must authorize their lawyer to negotiate a deal. Many defendants choose to have their lawyer negotiate a deal because this person may have a relationship with the prosecution that allows them to reach a better deal.
Plea bargaining can occur at any stage of a case, including after a trial has begun, if the prosecution agrees. However, many prosecutors require the defendant to agree to a plea bargain before the trial begins to save time and resources. If a trial results in a hung jury, a defendant might agree to a plea bargain to avoid a second trial.
Contrary to what you might believe, a lot of innocent individuals end up agreeing to plea bargains in order to avoid the time-consuming process of a courtroom case. Unfortunately, this disproportionately affects poorer citizens and stems from the country’s overburdened court system. An individual who cannot afford to post bail or hire a lawyer could end up spending months (or even years) in jail awaiting trial. A guilty plea might allow them to get out of jail within a matter of weeks or months, and overall, it could mean that they spend less time in jail.
The clear downside is that the defendant still leaves with a conviction on his or her record, and an individual who did not commit a crime should not have to face the consequences of a conviction. These consequences might affect this person’s life for years to come, including their ability to find housing, a job, and the right to vote. To find out more about how our Fairfax, VA assault lawyer can help, call him at (703) 455-0046.
Our firm prides itself on constructing strong legal defense strategies for our clients. And if you have been arrested due to an assault that occurred in self-defense, know that we will work hard on your behalf. Please do not hesitate. Contact Dave Albo – Attorney today.
