What Should I Expect From Assault Charges in Richmond?
How judges treat assault cases will depend on the facts of the case. If it’s a first offense, then those accused will typically be allowed the opportunity to do anger management and receive probation. If it’s a severe case, the judges will be very active in the case and ensure that a strict and harsh punishment is issued.
What Are The Penalties For Assault in Richmond?
An assault charge in Virginia is a class 1 misdemeanor. It can carry up to twelve months in jail and a $2,500 fine. Depending on the severity of the charge it could result in a felony charge which can come with a penitentiary sentence. It all very much depends on the facts, depends on injuries if any, and it can also depend on the history of the individual with a criminal history.
What Are The Long Term Implications of an Assault Conviction?
The primary long-term consequence of an assault conviction would be that, for purposes of any criminal background check, it can be handicap on an individual’s ability to get a job.
In addition to that, if there’s protective order issued, it has an effect on the ability of an individual to own and possess a firearm. So there’s lot of implications that go beyond a simple jail sentence and fine.
What Should I Expect in Court for Richmond Assault Charges?
Number one, the prosecutors will provide testimony from the victim or any witnesses to the event, then allow testimony from the officer, especially if the officer witnessed anything. They’ll also try to provide medical documentation if there were any injuries, and provide a record of any history of violence if one exists.
The trial will be heard in the General District or Juvenile Domestic Relations Court depending on the relationship of the parties. It will typically be heard first by only a judge not a jury. Your attorney will have the opportunity to speak with the prosecutor prior to trial to try and resolve the matter however if that is not done it will go to trial. The prosecution will put on their case and witnesses. You will then be able to cross examine witnesses and provide your own evidence. At that point the judge will make a decision.
If it is a felony charge, then they would go to general district court for preliminary hearing at which point in time the prosecutors would present their evidence to show probable cause and then go before a grand jury for certification in the circuit court. And then, the individual will have an opportunity to choose either a jury or a judge. Ideally in most of those cases, what we try and do though is work out an agreement to keep it in the lower court if possible, to keep the charge to misdemeanor.