Chesterfield Simple Assault Lawyer
A simple assault in Virginia is defined as simple battery or the threat of battery with the present ability to complete the threatened action. In Chesterfield, this offense is considered to be a class one misdemeanor meaning it carries both a fine and potentially jail time as well. With this in mind, it is important those charged consult with a Chesterfield simple assault lawyer as soon as possible to mitigate the damage and protect their rights. An assault lawyer in Chesterfield with experience working in the local court system will be able to build a strong defense and help protect the individual. To learn more or discuss how an attorney may be able to help you, call and schedule a consultation today.
Hearing a Simple Assault Case
Which court a case is heard in is often determined by the classification of the criminal charge. Simple assault cases will be heard in the General District Court in Chesterfield because they are a class one misdemeanor.
In court, prosecutors may use a variety of different types of evidence to attempt and prove a simple assault offense. Some of the most common types of evidence in these cases that a simple assault lawyer in Chesterfield must defend against are:
- Victim Statements
- Witness Statements
- Video Surveillance
In order to prove a simple assault case and reach a conviction, the prosecutor needs to prove that the defendant attempted to batter the victim or the defendant threatened to batter the victim while having the ability to carry out that threat. Prosecutors therefore will not generally focus on one specific means of proving intent, but instead they take a totality of the circumstances approach to prove intent. Prosecutors will use video, pictures, and witness statements as a whole to show the intent of the defendant.
Simple Assault Consequences
The penalty for a class one misdemeanor is 12 months in jail and a $2,500.00 fine. In addition, probation may be a possibility as those convicted are often sentenced to probation with anger management courses, or simply probation.
Defenses and Mitigating Factors
Possible defenses that a Chesterfield simple assault attorney may be able to use to help those charged with simple assault include; self-defense, showing lack of intent, and the inability to carry out the perceived threat. These defenses, when successful, will show that one of the necessary prosecutorial elements cannot be met, and so the charges cannot be proved.
There are also some possible mitigating factors in these cases. These can include; the presence of alcohol or drugs with the alleged victim, lack of injury, or the mental state of the accused.
Benefits of an Attorney
A Chesterfield simple assault lawyer can use their own evidence, such as statements, photos, and videos to refute the Commonwealth’s evidence. Every case is different, so every case has a different set of circumstances and evidence that an attorney can use to defend their client.
Regardless of the specifics however, an assault attorney can help with litigation, as well as in negotiating the best possible outcome to protect their client’s interest.
