Colonial Heights Aggravated Assault Penalties
In Virginia, aggravated assault is an assault that occurs to a person who is in a protected class. This could be an officer, judge, or a lawyer. Aggravated assault also includes an assault based on someone’s race, religion, or nationality. Colonial Heights aggravated assault penalties are going to result in much harsher penalties than a simple assault would. This is why it is crucial that if you have been charged with aggravated assault, you seek the services of an experienced attorney.
Aggravated Assault Charge Consequences
In Virginia, an assault is going to be a Class 1 misdemeanor, but an aggravated assault is going to be a Class 6 felony. That means the offender can receive up to five years in jail. With aggravated assault, the Virginia Assembly, through the Virginia Code, has decided that individuals who commit assaults on law enforcement officers, or who commit assaults on individuals based off their race, religion, gender, creed, et cetera, should face harsher penalties than the standard Class 6 felony.
While all Class 6 felonies carry anywhere from no time to five years in jail, if someone is convicted of an assault on a law enforcement officer, then that comes with a mandatory minimum of six months. Therefore even if a jury or judge was sympathetic to the person alleged to have committed the assault, they would still have to give the individual a minimum of six months.
If someone is convicted of felonious assault based on race, religion, color or national origin, there is a 30-day mandatory minimum sentence. When someone serves time for a misdemeanor, they usually only serve half the time. For felonies, people are often released with good behavior after serving about 80-85 percent of their sentence.
Long-Term Effects of a Conviction
The first long-term consequence of aggravated assault penalties in Colonial Heights is that an individual is going to do a minimum six months in jail. They are also going to be labeled a felon. This entails losing their right to vote, their right to possess a firearm, and many of their other civil liberties are stripped away. Third, they are going to be placed on probation if convicted of felonious assault.
After someone completes their jail sentence, they are also going to have to serve a probationary period as well. Once they have served the probationary period, they are now going to continue to encounter their charges any time they apply for a job. They will always have to disclose that they were convicted of a felony on every job application.
Suspended Jail Sentences
Colonial Heights aggravated assault penalties include the offender is going to likely have a suspended sentence hanging over their head. Judges have the ability to suspend jail sentences. That means they can give someone some time in jail and then suspend it, holding it over their head, stating that the individual does not have to serve the time so long as they complete probation, keep the peace, and follows good behavior.
If the individual is successful in doing that, then they may not ever have to serve any additional time. However, if they are not successful, the judge then can put the individual in jail for failing to follow the rules of probation, failing to keep the peace, and not showing good behavior.
Contact a Colonial Heights Aggravated Assault Attorney
If you face charges, you deserve representation by a skilled criminal defense attorney. Colonial Heights aggravated assault penalties can be severe, but there may defenses available. Call today to schedule a consultation.
