Amelia Assault Lawyer
Assault and other crimes against a person are serious in Virginia. Amelia officers treat assault cases seriously and arrests are usually made very quickly. Based on the nature of the offense, assault arrests are normally made within one to two days of the issuing of the warrant.
An Amelia assault defense attorney that knows the law, the elements required for the state to meet its burden of proof, and successful defense strategies, is necessary to help protect your interest when dealing with an assault case.
Assault cases are intimidating because there is the presumption that the accused is a violent individual. Furthermore, assaults are considered violent crimes so there is the possibility of serious penalties and expensive fines if convicted.
Assault Crimes in Amelia
Assault is defined as intentionally inflicting bodily harm on another person or engaging in an overt act with the intent to place another person in fear of bodily harm. Physical contact is not necessary to attempt assault. An assault can be broken down as an attempted battery. If the victim of the alleged assault has a reasonable apprehension of bodily harm or fear that harm will come to them, an assault has taken place.
Reasonable apprehension of immediate harm or bodily harm is what we refer to as fear – fear that harm will come to the person or the victim in an assault case.
There are numerous kinds of assaults: simple assault, assault and battery, and domestic assaults are all misdemeanors or low-level assault charges. Aggravated assault charges include assault on a law enforcement officer or an assault based on race, religion, color, or national origin, which are all felonies. The possible penalties for a simple assault in Virginia are up to 12 months in jail and a $2,500 fine, making it important an assault lawyer in Amelia is conacted.
Assault and Battery
There is a difference between assault and assault and battery. The difference is the element of the crime. An element of assault is an attempt to harm someone, while assault and battery require both the attempt and the physical contact.
Assaults on law enforcement officers and assaults based on a race, religion, color, or national origin are Class 6 felonies in aggravated assault. Assault on an officer has a six-month mandatory minimum in jail and an assault based on race, religion, color or national origin has a mandatory minimum of 30 days in jail.
Preparing a Defense
A good Amelia assault attorney will look for videos, photos, statements, eye-witness testimony and anything else available that could be favorable to you when preparing to defend you in your assault case.
When challenging the prosecution’s case, your attorney will look for insufficient statements to impeach the prosecution’s witnesses. Your attorney will also see if there is anything present that would persuade the witness to be dishonest or untruthful. The lawyer will also argue defenses such as self-defense or lack of intent in an assault case.
Advantages of an Experienced Attorney
An experienced assault lawyer in Amelia is going to know what to look for during the investigation, will diligently review witness statements, and be familiar with the elements required for establishing that an assault was committed. As such, an experienced assault attorney will be able to find the nuances in your case and be able to defend you, protect your interest, protect your rights, and protect your criminal history.