Ashburn Assault & Battery Attorney
The defense team at Simms Showers LLP excel at vigorously defending assault and battery cases, utilizing their extensive legal knowledge and robust trial expertise developed over numerous years. Our Ashburn assault & battery attorney works tirelessly to have your charges dismissed or reduced, and, if necessary, advocate for you in court to secure the best possible outcome.
Understanding Assault
When the term assault comes up, many tend to envision violent physical harm. However, in reality, assault as a crime does not necessitate any physical contact. What many people perceive as assault is more accurately termed as Battery, or Assault and Battery. To be found guilty of assault in Virginia, the following must be proven by the prosecuting attorney:
- You conducted some act with the intention to inflict harm or cause offensive contact.
- The other individual believed you had the capacity to cause immediate harm or offensive contact.
- You had the genuine ability to cause the harm or offensive contact.
For instance, if you rushed towards an individual threatening to kill them, it could constitute an assault, even without any physical contact. On the other hand, threats from afar, while potentially violating other laws, are unlikely to be deemed an assault as the threat cannot be executed instantly.
There are various critical elements to the crime of assault, such as your intent, your capability to inflict harm or contact, and the victim’s belief in your capacity to do so. These elements can be challenging to prove and are frequently open to dispute. We dedicate all our resources to prevent a conviction when the Commonwealth cannot establish its case.
Battery (Assault and Battery)
Battery, or Assault and Battery, involves an actual offensive touch or harmful physical interaction. The intent plays a significant role in this offense. An accidental touch, even if harmful or offensive, may not qualify as a battery. Other defenses, like self-defense, consent, and provocation, could also prevent a conviction or reduce the severity of the imposed sentence.
Are Assault and Battery Misdemeanors or Felonies?
While Assault and Battery are generally misdemeanors, they can be elevated to felonies under specific circumstances. For example, if the alleged victim is a public safety professional such as a police officer, firefighter, EMT, or corrections officer, the offense could be deemed a Class 6 felony. Mandatory jail sentences may be imposed in certain scenarios, such as hate crimes or if the victim is a protected employee.
Certain violent crimes are particularly severe as they count as strike offenses under Virginia’s three strikes law. Malicious Felony Assault and Malicious Bodily Wounding fall under this category. Even if you have no prior convictions, these charges should be taken very seriously to avoid having a strike offense on your record.
However, even a misdemeanor offense can bring about significant repercussions, including up to a year in jail and hefty fines, not to mention the wider impact on various aspects of your life due to a criminal record.
Engage the Expertise of Ashburn Assault & Battery Lawyers for Your Virginia Case
The Ashburn assault and battery attorney at Simms Showers LLC bring years of experience in all aspects of criminal law, with backgrounds as prosecutors and defense lawyers in state and federal legal systems. Allow us to leverage this expertise for your benefit. If you have been arrested and charged with Assault and Battery or another violent offense in Ashburn or Loudoun County, call 703-997-7821 for immediate assistance from an Ashburn assault and battery lawyer.
