Richmond Assault Lawyer
If you have been charged with assault in Richmond, Virginia, you are likely facing some very serious penalties that range from jail time to substantial fines. Having an experienced Richmond assault lawyer by your side will ensure that you are receiving proper counsel about your options while a strong defense is built on your behalf.
Assault in Richmond
Virginia Code section 18.2-57 classifies assault as the threatening or carrying out of a physical action on an individual that causes the individual to have a reasonable fear of contact that could harm or offend.
This means that to be convicted of assault, a person does not have to actually touch another person. Rather, verbal threats toward another person that could be reasonably interpreted as being legitimate and cause that person to fear potential force are all that is needed for an assault conviction.
Assault and battery, on the other hand, is different in that it involves the act of harmful or offensive touching of another person. Penalties can be heighted if someone is charged with Aggravated assault or malicious wounding. If faced with this kind of charge you may wish to speak with an experienced assault lawyer in Richmond, as these types of charges can have more serious consequences depending on various factors.
Assault Penalties in Virginia
Per Section 18.2-57, a conviction for assault or assault and battery is classified as being a class 1 misdemeanor, which Section 18.2-11 stipulates as carrying a penalty of not more than 12 months in jail and/or a fine not to exceed $2,500.
However, the penalty for assault or assault and battery can change based upon the classification of the injured person.
If the assault or assault and battery was against a person you knew or should have known was an educator (that is, a teacher, principal, or guidance counselor) or health care provider, and the act occurred while the educator or health care provider was performing their official duties, the penalty is considered to be a class 1 misdemeanor carrying a required jail sentence of 15 days in, two days of which shall be a mandatory minimum term of confinement.
If the injured person was targeted because of their race, religion, color, or nationality, Section 18.2-57(A) stipulates the penalty is elevated to a six-month jail sentence with a 30-day mandatory minimum. However, if it can be proven that the injured person was targeted because of their race, religion, skin color, or nationality, and the battery caused bodily injury, Section 18.2-57(B) stipulates that the penalty shift from a class 1 misdemeanor to a class 6 felony, meaning a much harsher penalty often ranging from one to five years in prison with a mandatory minimum of six months in jail.
If you knew, or had reason to know, that the injured person was a law enforcement officer, firefighter, judge, EMT, or correctional officer, and the person was injured while performing their official duties, the penalty will shift from the simple assault class 1 misdemeanor to a class 6 felony carrying the penalty of one to five years in prison with a mandatory minimum of six months in jail.
Hiring a Richmond Assault Attorney
Being charged with assault or assault and battery is serious as you could be facing significant jail time and fine amounts. A conviction on such a charge could be extremely harmful toward your current employment and future prospects. Therefore, such a charge requires experienced legal guidance.
A Richmond assault lawyer will be able to help you by making sure you are aware of the process at hand while creating a strong defense that will put you in the best possible position to receive a positive result in your case. Someone with experience in the local courts will understand how prosecutors will approach theses cases. They can use that experience to help clients build a strong defense against the prosecution.
If you are currently facing an assault charge in Virginia, consult with an experienced Richmond assault lawyer today.
