Richmond Simple Assault Lawyer
A simple assault occurs when an individual puts someone else in reasonable apprehension of imminent harm or in fear of an offensive contact. Physical contact is not required for an incident to qualify as assault and if there is the actual touching of someone with the intent to do harm or intimidate then battery may be charged as well.
Regarding penalties, simple assault is classified as a class 1 misdemeanor, and is a criminal charge that will remain on a convicted person’s criminal record permanently. As a result, it is important to retain an experienced Richmond simple assault attorney if accused, as having a criminal record can negatively impact your life both in the short-term, and in years to come. To learn more or discuss the preliminary steps you can take, call and schedule a consultation with an assault lawyer in Richmond today.
Prosecution of Simple Assault in Richmond
In a simple assault case, the prosecutors needs to prove that the individual intended to contact someone physically with the goal of intimidating or harming them and/or that they acted with the intent to put someone in reasonable apprehension of imminent harm or of an offensive contact.
In order to prove this, prosecutors typically use a variety of evidence including witnesses who may have seen the assault take place, a person’s own statements, and the testimony of the victim and any officers who arrived at the scene. A Richmond simple assault lawyer will also look at this evidence and use the facts and circumstances to build as strong a defense as possible.
Penalties for Simple Assault
Simple assault is a Class 1 misdemeanor, and therefore the penalties associated with it can include up to 12 months in jail and a $2,500 fine. Whether or not it is a first offense could also have an impact on how the crime will be charged by a court. When it is a first offense, it is more likely that the defendant will get probation. In these sorts of cases, the Richmond simple assault attorneys try to work out an arrangement where the matter is taken under advisement to be dismissed or reduced at a later time.
In cases where it is not a first offense, the judge is more likely to not give the defendant probation. Instead, they will most likely have to pay the fine and complete the associated jail time, if that is what the judge decides.
Penalties can also change depending on the nature of the crime and the classification of the injured person. For instance, if it was a law enforcement official, penalties will be much more severe than if it was just simple assault on another person.
Benefit of An Attorney
In a simple assault case, a Richmond simple assault lawyer will provide evidence impeaching the testimony of the witnesses. In other words, the defense attorney attempts to show that the witness has ulterior motives or they are incorrect in what they are saying. The lawyer can also raise defenses for the person such as self-defense, or issues such as mutual combat and help the individual charged take preliminary steps to help there case such as attending an anger management class, doing community service, or completing another act of similar nature. To discuss how experienced legal representation can help you, call today.