Fredericksburg Simple Assault Lawyer
Simple assault is any act that puts a person in a reasonable apprehension of bodily harm. If someone makes a threatening gesture or uses threatening words combined with a corroborating action that may be enough to find someone guilty of simple assault. Simple assault depends on the specific understanding of the parties, the facts of the case, and the party’s intent at the time of the alleged assault. It is very important to contact a skilled assault lawyer if someone has been charged with simple assault. The short term and long term consequences and repercussions can be very severe with an assault charge, so having an experienced assault lawyer representing them in court is essential.
Assault Penalties
Simple assault is a Class 1 misdemeanor. Like all other Class 1 misdemeanors, it is punishable by 12 months in jail, up to $2,500 in fines, or a combination thereof.
In addition, other penalties for simple assault are not uncommon. They can include anger management classes, detention, the performance of community service, a no-contact provision, a no trespassing order when the incident occurred on someone else’s property and restitution when someone is injured as a result of the assault. In addition, if a person is found guilty of it a simple assault, they must pay court costs.
Consequences
When someone faces a simple assault charge, it could result in the loss of their liberty. Judges and prosecutors take these cases seriously. A first-time conviction for simple assault can result in jail time, hefty fines, a restriction of movement, and post-court requirements including probation, anger management classes, and community service.
An assault charge can affect the alleged present and future employment as well. They might get fired, or if they are in the process of getting hired, they might be rejected. These cases are public so if a background check is performed, anyone can see the case online.
Where are Simple Assault Cases Heard in Fredericksburg?
Typically simple assault cases are heard at the district court level. A simple assault case can be heard at the local General District Court (GDC) or the local Juvenile and Domestic Relations District Court (JDR). These district courts have original jurisdiction for simple assault cases and other misdemeanors.
Sometimes, however, a simple assault case may originate in a circuit court through a judge indictment. When someone is found guilty in a district court, they can appeal their case in a circuit court. Their appeal is heard in the circuit court by a judge or a jury.
Contacting an Attorney
Many things come into play when a person is found guilty of a simple assault case. The charges involve one person’s version of the facts versus another person’s version. Someone charged with simple assault should be concerned that their version may not be viewed as credible as the other person’s account. They should work with an experienced attorney who can present the client’s side of the argument in the best light to a fact finder. Having an experienced assault lawyer representing them is the most beneficial thing they can do. An attorney’s knowledge stretches from the laws regarding assaults to the judges in the court.