Colonial Heights Aggravated Assault Lawyer
In Virginia, aggravated assault is typically referred to an assault based on whether it included a member of law enforcement, or was based race, religion, color or national origin. All assaults are typically Class 1 misdemeanors unless there are certain conditions to the assault charge. That is often the aggravating factor. Speaking with a Colonial Heights aggravated assault lawyer can be critical to defending the charges against you. Contact an adept assault attorney to begin planning a strong argument against battery offenses.
What is Aggravated Assault?
An aggravated assault is often classified as a simple assault or an assault and battery that occurs to a potential victim who is in a protected class. Examples of protected classes include:
- Law enforcement
- Judges
- Lawyers
- Other officers of the court
- Race
- Religion
- Color
- National origin
Assault charges could automatically become aggravated if someone assaults for the following reasons:
- Race
- Religion
- Color or national origin
Classifying Types of Assault
The intent in aggravated assault cases remains the same as in simple assault cases. The knowledge or intent is what ultimately changes a simple assault to an aggravated or felonious assault. If someone is charged with assault on a law enforcement officer, that is a felony assault on a law enforcement officer. All the other elements of the assault remain the same; the only difference is that the assaulter or the actor either knew or had reason to know that the person being assaulted was a police officer.
If someone assaults somebody, or if the actor engages in assault activity, and they do so against a law enforcement officer, they do not necessarily have to be doing it because that person is a law enforcement officer. As a Colonial Heights aggravated assault lawyer knows, if the accused allegedly attacks someone they knew was a cop or a law enforcement officer their penalties could increase.
Impact of a Felony Assault Charge
Felonious assaults also are applicable to assaults that happen to any other member of a protected class, not just law enforcement. If someone is assaulted because of race, religion, color or national origin, it is considered a felonious assault. That is the difference between the charge against law enforcement officers and the other protected classes.
What is the Role of Serious Bodily Injury?
Seriously bodily injured is not defined in assault cases because it is not an element of an assault. Injuries are not often elements of assault. This is why it can happen in so many different ways. It can be a push, it can be spitting, it can be a slap, whatever the case may be. It can be a wide variety of things and does not have to lead to any injury whatsoever for there to be an assault. An individual can be convicted of assault for just spitting on a cop even though that would not injure them. Therefore, it can be critical to contact a Colonial Heights aggravated assault lawyer for a defense for battery charges.
