New Kent Assault Lawyer
Assault and other crimes against the person are serious in New Kent, Virginia. Assault cases are intimidating because there is a presumption that the accused individual is a violent person. Furthermore, assaults are considered violent crimes so there is the possibility of serious penalties and expensive fines if convicted. An assault attorney in New Kent that knows the law, the elements required for the state to meet its burden, and defenses against assault charges, is necessary to help you protect your interests when dealing with an assault case.
What is Assault?
Assault is 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. There is a difference between assault and assault and battery. The difference is the elements of the crime. An element of assault is an attempt to harm someone while assault and battery requires both the attempt and physical contact. Physical contact is not necessary to establish assault, but it is required to establish battery.
New Kent officers treat assault cases seriously and arrests are usually made quickly. Based on the nature of the offense, assault arrests are normally made within one to two days of the issuing of the warrant.
Types of Charges
There are numerous kinds of assault: simple assault, assault and battery, domestic assault, assault on a law enforcement officer, and an assault based on race, religion, color, or national origin.
Simple assault and assault and battery and domestic assault are Class 1 misdemeanors with a penalty of up to 12-months in jail and a $2,500.00 fine.
Aggravated assault includes assault on a law enforcement officer and assault based on race, religion, color, or nationality. These are both felonies with different penalties. Assault on a law enforcement officer carries up to five years in jail with a six-month mandatory minimum while assault based on race, religion, color, or nationality carries up to five years in jail with a 30-day mandatory minimum. They are both categorized as class six felonies.
How a New Kent Assault Lawyer Can Help
A knowledgeable attorney in New Kent will look for strong evidence, such as videos, photos, statements, eye witness testimony, and anything else available that could be favorable to their client when preparing to defend them in an assault case.
When challenging the prosecution’s case, the attorney will look for inconsistent statements to impeach the prosecution’s witnesses. The attorney will also see if there is anything present that would persuade the witness to be dishonest or untruthful. A lawyer who has handled defending these types of charges before will also know to argue different defenses, such as self-defense or lack of intent, both of which, if successful, can play a huge role in a case.
An experienced lawyer is going to know what to look for during the investigation, will diligently review witnesses’ statements, and be familiar with the elements required for establishing that an assault was committed. As such, an experienced New Kent assault lawyer will be able to find the nuances in their client’s case and be able to defend them, protect their interests, protect their rights, and protect their record.