Chesterfield VA Assault & Battery Lawyers
Assault & Battery cases in Chesterfield County can range from simple bar fights, confrontations, and domestic disputes to malicious woundings with a deadly weapon. Assault & Battery in the Commonwealth of Virginia is prohibited by Virginia Code Sections 18.2-57 and 18.2-57.2. If you have been arrested for Assault & Battery in Chesterfield VA, then you need a skilled, experienced Chesterfield County Assault & Battery Attorney.
Assault & Battery is Criminal Offense
Assault & Battery is often considered a misdemeanor offense, but in some instances depending on the evidence and prior convictions, can be prosecuted as a felony. We can help you understand the charge you are facing and the possible defenses of your case, which may include self-defense, mutual combat or lack of intent to name a few. We examine the facts and circumstances surrounding your arrest, as well as the evidence the prosecution will attempt to use against you at trial.
Chesterfield VA Assault & Battery Client Review
Virginia Assault & Bodily Wounding Laws
Felony Assault & Battery on Law Enforcement DISMISSED
Riley & Wells Attorneys-At-Law represented a client who was arrested for Assault & Battery on Law Enforcement. The client was arrested at his residence as the police were serving an arrest warrant. Admittedly, our client was resisting arrest as the police officers were removing him from his house in the middle of the night, but he maintained that the contact with the officer was simply accidental and that he did not intentionally strike the police officer. A conviction for assault on police is a felony and punishable by a mandatory minimum 6-month term of incarceration. The Commonwealth Attorney made a plea agreement offer to reduce the allegation to a misdemeanor with a significant amount of jail time to serve, but our client did not believe he should have to serve a jail sentence for something he did not do. At trial, we were able to describe the event thru evidence and argument to the Judge in such a way that convinced the Judge that there was insufficient evidence to prove that our client intentionally assaulted the police officer. The Judge dismissed the case.
Virginia Assault & Battery Self-Defense
Virginia is a stand your ground state, which means that if you are not part of the problem when attacked in Chesterfield County, then you can stand your ground and use force to defend yourself. Self-defense in Virginia is based on the law of necessity, which means that the amount of force used to defend oneself must not be excessive and must be reasonable in relation to the perceived threat. If under the circumstances, you are without fault in provoking or bringing on the fight, and you reasonably fear under the circumstances that you are in imminent danger of bodily harm, then you may use no more force as reasonably necessary to protect yourself from the perceived harm. On the other hand, if you are to some degree at fault in starting the fight, then you must first retreat and make it know you desire peach before you can use force in self-defense.
Criminal Defense Attorney Chesterfield VA
Judges and prosecutors do not take assault & battery lightly and will do everything in their power to ensure a person who commits either an assault or a battery is brought to justice. Therefore, it is important to secure a skilled Chesterfield County Assault & Battery Defense Lawyer who regularly defends these types of cases to represent your best interests regardless of unique client circumstances or needs. This can only be realistically accomplished with the assistance of an accomplished Virginia Super Lawyer. Do not give up hope and protect your rights by contacting us today!
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By Mitch Wells 11/10/2015 | Updated 5/11/2018