Petersburg Assault Lawyer
Assault is a common law offense defined as engaging in an overt act with the intent to place another person in fear of bodily harm. Assault is taken seriously in Virginia. An experienced assault attorney in Petersburg that knows the law and the elements required for the state to meet its burden in the defense are necessary to help to protect your interest when dealing with an assault case.
Assault cases can be intimidating because assaults are considered a violent crime, so there is a possibility of serious penalties and expensive fines if convicted. An experienced Petersnirg assault defense lawyer will be able to build your defense to any charges you are facing.
Types of Assault
There are numerous kinds of assault crimes. Simple assault, assault and battery, and domestic assault are misdemeanors or low-level charges. Aggravated assault charges include assault on a law enforcement officer or assault based on race, religion, color, or national origin. Those are going to be considered felonies.
Physical contact is not necessary to establish assault. An assault can be broken down to attempted battery so long as the victim of the assault had a reasonable apprehension of bodily harm or fear. If someone fears that harm will come to them, the assault has taken place.
There is a difference between assault and assault and battery. The difference can be found in the elements of the crime. An element of assault is an attempt to harm someone, while assault and battery requires both the attempt and the physical contact.
Petersburg officers treat assault cases seriously and arrests are usually made quickly. The possible penalties for simple assault in Virginia are up to 12 months in jail and a $2,500 fine.
Assault on a law enforcement officer and assault based on race, religion, color, and national origin are Class 6 felonies, and the penalty could be up to five years of incarceration. Assault on an officer has a six months mandatory minimum and assault based on a race, religion, color, or national origin has a mandatory minimum of 30 days.
Building a Defense
Based on the nature of the offense, assault arrests are normally made within one to two days of the issuing of the warrant. A Petersburg assault attorney will look for videos, photos, statements, eyewitness testimony, and anything else available that can be favorable to their client when preparing to defend them in an assault case. A defense attorney in Petersburg in an assault case will gather videos, photos, client statements, and eyewitness statements as evidence when preparing a defense.
Challenging the Prosecution
When challenging the prosecution’s case, a skilled attorney will look for intensive statements to appease the prosecution witnesses. The attorney will also see if there is anything present that will persuade the witnesses to be dishonest or untruthful. They will also argue different offenses, such as self-defense or lack of intent in an assault case. Self-defense is an affirmative defense to assault.
Eyewitness testimony can be flawed and subjective. An attorney, through an investigation, will determine what those biases are and exploit them in the trial. An attorney can argue that their client did not intend to give the complaining witness reasonable apprehension, which would go to the intent of the crime.
Working with an Attorney
A Petersburg assault lawyer is one who knows 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. Additionally, 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 assets.