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. Having Dave Albo assault lawyer in Fairfax VA who can explain legalities that apply to your situation can be of great benefit as your case proceeds through the court system.
Other Types of Assault Cases
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. An assault and battery lawyer in Fairfax VA from Dave Albo – Attorney, LLP 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 identity of the alleged victim. 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.
Defense in a Case of Assault
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 strategically considering all elements of your particular case, we can put develop a defense strategy that offers the best possible outcome.
Acting out of self-defense is the most commonly used defense in these sorts of cases, and we can help you determine whether or not this 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 had 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.
Seeking Help from a Fairfax Battery Lawyer
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 case for self-defense or for 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