Richmond Assault & Battery Attorneys

Protecting the Rights of Clients Facing Criminal Charges

If you were arrested for assault and battery in Virginia, you should contact an experienced criminal defense lawyer for legal advice. After all, you could be sentenced to fines, jail time, and other serious consequences if convicted. If you want a chance to explain the situation, hiring a Richmond defense attorney is the first step to take to protect yourself during your assault and battery case.

When you call Jurach, Tacey&Quitiquit, PLC, you can talk to our team of former prosecutors who are now committed to providing quality legal defense help to clients throughout Virginia. Whether you’re facing misdemeanor or felony assault and battery charges in this state, we’re here to defend you. Contact our Richmond, VA law firm to schedule a free initial consultation.

How Is Assault Defined in Virginia?

Virginia law treats assault and battery as two separate crimes, so you may be charged with one or both of these offenses, depending on the details of your case. If you’re charged with assault, this means you’re accused of intentionally causing someone to believe you’re going to harm them. As such, you can be charged with assault even if you did not hurt or physically touch the victim.

For example, you could face an assault charge if someone accused you of walking toward them in a threatening way, such as while swinging a fist or reaching into your pocket as if you’re about to pull out a weapon. You could also be charged with this offense if you threw an object at the victim with the intention of causing fear of harm.

In short, to face an assault charge in Virginia, two details must be true. One is that you had the intent and ability to harm someone during the incident, and the other is that your actions caused that person to feel in imminent danger of bodily harm. This is why verbal threats and threats over the internet or phone are not considered assault.

If you’re accused of causing someone to sincerely believe you were going to harm them based on your actions, but you did not end up hurting them, you could be charged with simple assault. However, if you followed up the threat with harmful actions, you could face assault and battery charges. If you have questions about what constitutes assault or need help fighting your assault charge, contact our criminal law firm in Richmond, VA, for a free consultation. Our legal team will do everything possible to keep your criminal record free of an assault conviction.

How Is Battery Defined?

The difference between assault and battery is that assault is a threat of harm, while battery is a physical act involving touch with the intention to cause harm. Note that while battery often results in bodily harm to the victims, you can be charged with this offense even if your actions did not cause injuries. So, if there is evidence that you intentionally touched someone willfully or in anger and you did not have their consent, you could be convicted of battery.

Some common examples of battery include the following:

• Punching
• Pushing
• Kicking
• Slapping
• Squeezing
• Biting
• Grabbing
• Spitting on someone
• Hitting someone with a stick, bat, or other object
• Throwing a rock or other object at someone

If you made physical contact with the victim without their consent, you’ll likely be charged with assault and battery. If the result of your contact was serious physical harm, this can lead to more severe penalties. This is why it’s important to hire Richmond assault and battery lawyers to create a defense strategy unique to your case. Contact our law firm to discuss your charges with a compassionate assault & battery lawyer eager to assist you.

Are You Facing Misdemeanor or Felony Charges?

Virginia assault and battery charges may be misdemeanors or felonies, depending on the details of the case. If you’re charged with simple assault or assault & battery, you could face a Class 1 misdemeanor. In Virginia, this misdemeanor conviction can lead to up to $2,500 in fines and up to 12 months in prison, with no minimum jail time.

However, certain aggravating circumstances can cause the criminal court system to enhance the punishment for this misdemeanor charge, resulting in up to one year in jail. In some cases, they can charge assault and battery as a felony, leading to prison time and fines.

For example, if you’re accused of committing assault and battery against someone based on a protected class – such as race, religion, gender, or disability – you’ll be charged with assault and battery as a hate crime. This misdemeanor charge can result in six months to one year in jail. If the hate crime caused injuries, it becomes a Class 6 felony, resulting in six months to five years of jail time.

Assault and battery against protected employees is also a Class 6 felony. These employees include law enforcement officers, correctional officers, judges, firefighters, emergency medical workers, and people in similar roles.

Another Class 6 felony in Virginia is assault and battery with unlawful wounding, which involves cutting, stabbing, shooting, or otherwise hurting someone with the intent to hurt, kill, disable, or disfigure them.

If you’re charged with assault and battery with malicious wounding, this is a Class 3 felony that could result in up to $100,000 in fines and 5 to 20 years of prison time. You could be charged with this crime if you committed unlawful wounding with malice, making the charge more serious.

A trusted assault and battery defense attorney can help you avoid or minimize the punishment you get for these serious charges, so contact our Richmond, VA law office for legal guidance.

What Are Some Defenses to Assault & Battery Allegations?

Being arrested and charged with violent crimes can be scary since you face significant prison time if convicted. Fortunately, an accusation doesn’t have to lead to a criminal conviction, especially when you have a skilled Virginia assault and battery defense attorney by your side. A Richmond, VA attorney with years of experience defending clients from criminal charges knows how to strategize a suitable defense angle based on the specific circumstances surrounding the case.

Some examples of defense strategies that your Virginia assault and battery lawyer might consider include:

• You acted in self-defense
• You acted in defense of someone else
• You acted to defend your property
• You were wrongfully accused and have an alibi to prove it
• The alleged victim consented to the act
• You did not intend to scare or make actual physical contact with the victim

Your assault and battery lawyer will choose the best defense strategy based on the facts of your case, such as what any witnesses saw and what the evidence against you shows. One detail to know is that self-defense is a common defense tactic for assault and battery cases in Richmond, VA, so your attorney might approach your criminal case with this strategy in mind.

If the alleged victim’s behavior toward you caused you to have a reasonable fear that you faced imminent harm, your assault and battery lawyer might argue that you used reasonable force in self-defense. If you’re charged with using deadly force to defend yourself, your attorney must be able to prove that you did so because you had a reasonable fear of death or severe bodily harm during the incident.

When you’re facing charges and retain legal counsel, you will learn more about the best defense strategy based on your circumstances. Call our Richmond, VA law firm to discuss your case with an attorney who will keep your best interests in mind while navigating the legal system.

Are You Ready to Hire Richmond Assault & Battery Attorneys?

No matter what you’ve been charged with, it’s important to know you have access to a skilled attorney who can protect you from the severe penalties that often come with assault & battery charges. Whether you’re charged with domestic assault against a household member, assault and battery against protected employees, or similar crimes, you can count on an experienced lawyer from our Richmond law office to create a quality defense strategy to clear your name.

At Jurach, Tacey&Quitiquit, PLC, we have former prosecutors on our team who fully understand assault and battery law, allowing us to frequently get a favorable outcome for clients facing charges for serious crimes. If you’re worried about what an assault charge means for you and your family, it’s time to talk to a trusted lawyer about your legal options when it comes to your defense case. Call our Richmond, VA law firm today at 804-531-5524 to speak to a lawyer who would be happy to find ways to protect you from the serious penalties you’re facing.