Henrico County Assault Lawyer
Accusations of assault can result in arrest, arraignment, a bail hearing, and a criminal trial. A Henrico County assault lawyer can help respond strategically at each step of the criminal justice process.
Contacting a Henrico County Assault Lawyer
The job of a Henrico County assault lawyer is to help you try to avoid conviction or minimize the penalties associated with these charges. After conducting a thorough investigation of your case, your assault attorney in Henrico can help you craft an individualized defense plan designed to suit your personal needs. If you’re not interested in going to court, your attorney may also assist you in negotiating a plea bargain, which may make it possible to be charged with a lesser offense or avoid incarceration. Your attorney can also help you to raise defenses to assault charges, including:
- Self-defense, defense of others, or defense of property. To show this one must prove they acted reasonably to prevent imminent harm. Self-defense is an affirmative defense, which means a defendant has the burden of showing they were justified in acting.
- Insufficient evidence. A prosecutor must prove beyond a reasonable doubt that an assault was committed—if this is not done you should not be convicted. Questions can be raised about the facts of a case and the credibility of any witnesses.
- No credible threat. Assault requires the victim to have a reasonable fear of imminent harm. Idle threats that don’t inspire fear should not result in conviction.
These are just a few possible defenses to assault charges. Contact a Henrico County assault lawyer if you have been accused of assault for help with your criminal case.
Criminal Charges for Assault in Henrico County
Virginia groups the crime of assault with a related offense: battery. While you may be separately charged with assault or battery, it is common to be charged with both offenses when involved in an altercation.
- Battery refers to intentional unwanted physical contact with another person without that person’s consent. The physical contact may be direct, such as punching or kicking. It may also involve contact from objects set in motion, such as throwing a rock and hitting someone.
- Assault refers to an imminent threat of battery, or causing reasonable fear of offensive contact. A threat to strike someone with a bat or to stab someone with a knife are both examples of assault, as long as the victim believes the violent action could occur.
Virginia Code Section 18.2-57 provides information on different types of assault. Under the relevant code section:
- Simple assault is a class 1 misdemeanor. Section 18.2-11 establishes penalties, which include up to 12 months of incarceration and a fine up to $2,500.
- Assault against a health care provider or against a teacher who is performing work duties is a class 1 misdemeanor. Penalties include a minimum sentence of 15 days’ confinement, at least two of which are mandatory.
- Assault committed against a victim chosen because of his race, religion, national origin, or color is a class 6 felony under Section 18.2-57. Penalties include a minimum of six months’ confinement, at least 30 days of which must be served in jail.
- Assault against a person involved in certain public service careers – including police officers, judges, corrections officers, and EMTs – is a class 6 felony with a minimum penalty of six months’
- Shooting, stabbing, cutting, or wounding someone with the intent to cause serious bodily injury is a class 3 felony under section 18.2-51. This offense has a minimum penalty of five years’ confinement unless the victim was permanently and significantly impaired. Permanent impairment elevates the offense to a class 2 felony, which results in incarceration for 20 years to life under Section 18.2-10.
If convicted, these penalties can change your life. It is important to understand your legal options for responding to charges. Call today to schedule a free consultation with a Henrico County assault lawyer.
