Richmond VA Assault & Battery Lawyer
Assault & Battery cases can range from simple bar fights, confrontations, and/or domestic disputes to sexual battery complaints and/or malicious wounding claims with a deadly weapon. Assault & Battery in the Commonwealth of Virginia is prohibited by Va. Code Sections 18.2-57 and 18.2-57.2. Sexual Battery is prohibited by Va. Code 18.-67.4. Assault & Battery and Sexual Battery are both classified and punishable as a Class 1 Misdemeanor; however, in some instances depending on the evidence and prior convictions, an assault can be prosecuted as a felony under various different provisions of Virginia law. If you have been arrested for Assault & Battery, Sexual Battery, or any type of assault allegation, then you need a skilled, experienced Richmond VA Assault and Battery Lawyer.
Felony Assault & Battery on Law Enforcement DISMISSED
Riley & Wells Attorneys-At-Law represented a client who was arrested for Assault & Battery on Law Enforcement in Richmond VA. The client was arrested at his residence as the Richmond Police were serving an arrest warrant. Admittedly, our client was resisting arrest as the police officer’s 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 an 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.
Richmond VA Attorney convinces Court to DISMISS Assault & Battery
Riley & Wells Attorneys-At-Law represented a client who was alleged to have assaulted an off duty Richmond City Policeman. The incident in question took place at a popular night club in downtown Richmond, Virginia. Our client was enjoying an evening socializing and drinking with friends. At some point during the evening, a fight broke out in the night club. Our client was somehow singled out as being a participant in the fight, an allegation that our client denies. During the melee, our client, an amateur mixed martial arts fighter found himself in a position where he had to defend himself. At one point during the chaotic bar brawl, a large man charged toward our client. Our client acted in self-defense and delivered a blow the the charging combatant and knocked him out with one punch. As it turned out, the other combatant was an off-duty Richmond City Policeman. Our client was quickly restrained, ejected from the night club and arrested for Assault & Battery. Riley & Wells Attorneys-At-Law believed our client was acting in self defense and that he was not in violation of the Assault & Battery Law. We presented our case to the Commonwealth’s Attorney and the Court and the case against our client was dismissed.
Criminal Defense Attorney Richmond VA
Judges and prosecutors do not take allegations of assault lightly, and will do everything in their power under the law to ensure that a person who either commits an assault & battery, sexual battery, or any other form of assault is brought to justice. We can help you understand the allegation 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. Therefore, it is important to secure a skilled Richmond VA Assault & Battery Attorney 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.
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, 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.
Do not give up hope and protect your rights by contacting us today!
11/10/2015 | Updated 7/7/2019