Criminal Defense: Assault and Battery Charges

Criminal Defense: Assault and Battery Charges

Assault Lawyer Fairfax, VA

The most common violent crimes are assault and battery, with the potential repercussions being extremely serious and long-term. Once convicted, it can be challenging for a person to make life improvements due to a tainted reputation and difficulty obtaining employment. It is often highly encouraged that a person accused of assault and battery, talks with a defense attorney right away. Going into the courtroom without preparation may be not only terrifying, but detrimental to your case.

Q: What is the definition of assault and battery?

A: By law, assault happens when a person attempts to do physical harm to someone else. Many people think of assault as physical violence. But, from a legal standpoint a person can be charged with assault even if no direct contact was made. How assault is defined may vary based on jurisdiction, so it is important to talk with a qualified lawyer in your area for how you may be impacted. In general, assault is interpreted as the threat of physical violence, whether contact had occurred or not. In comparison, battery is when harmful physical interaction was committed. The level of physical harm can be mild or severe.

Q: What punishments may a person face for an assault and battery conviction?

A: The repercussions for violent crimes tend to be more harsh, compared to other criminal offenses. Those have committed only assault for the first time may not spend time behind bars, but if battery was a component of what happened then serving a jail sentence may be required. The sentencing to be served may be decided based on several factors:

  • Whether the person has a past criminal history, particularly related to violence
  • What the laws are pertaining to assault and battery within that jurisdiction
  • How much damage was sustained due to the interaction
  • Whether the other party was being hostile or threatening

Q: How can a criminal defense lawyer be of assistance?

A: It is very rare for a person facing an assault and battery charge to not seek legal guidance. It is imperative that the accused gets help from a lawyer when creating a defense strategy. Most people do not understand the depth and complexity for how criminal cases are handled in court. A lawyer can offer advice such as what to say when providing a statement to law enforcement, along with investigating the situation to collect supportive evidence for your side of the story.

Q: Can a lawyer help me walk away free?

A: Depending on the details surrounding the incident of assault and battery, it may not be possible for the charges to be dropped. However, a reckless driving lawyer Fairfax, VA trusts at Dave Albo – Attorney can fight for a lessened or alternative sentencing if convicted. A lawyer can advocate for your behalf in court and try to convince the judge that rehabilitation, anger management, therapy and/or community service are more appropriate repercussions for what happened. Without proper legal representation, the accused may be at the mercy of the judge without knowing how to strategically defend him or herself.

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