Virginia Assault and Battery Lawyer
Assault & Battery cases can range from simple bar fights, confrontations, and domestic disputes to more serious offenses such as sexual battery or malicious wounding claims with a deadly weapon. The most common type of assault & battery offense is classified as a class 1 misdemeanor criminal offense. An assault & battery can be a felony depending upon the seriousness of injuries, prior record or if the victim is a member of a protected class such as law enforcement.
What is the difference between Assault and Battery?
A battery occurs when the defendant actually touches the victim without consent; however, the victim does not have to suffer an injury for their to be a criminal law violation. An assault can be committed by performing an overt act intended to cause physical harm while having the present ability to inflict harm or by performing an overt act intended to place the victim in fear of bodily harm and actually placing the victim in reasonable fear of harm.
Assault & Battery Attorney Client Review
Domestic Violence Criminal Defense Attorney
The domestic violence assault & battery offense is a common type of assault & battery according to Va Code Section 18.2-57.2. A domestic violence assault & battery is committed against a family or household member. It is a misdemeanor criminal offense unless the defendant has prior convictions. Family and household members include people who have children together and people who have lived together in the past year.
Assault & Battery Allegations Require Skilled Legal Representation
If you have been arrested for assault & battery then you need a skilled, experienced Virginia Assault and Battery Lawyer. We examine the facts of your case, the circumstances surrounding your arrest, and the evidence the prosecution will attempt to use against you at trial. 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.
Self-Defense & Defense of Others in an Assault & Battery Case
Self-defense and the defense of others are common defenses to assault and battery cases. Self-defense does not allow one to use as much force as he wants to defend himself. The force used in self-defense must be reasonable when compared to the threat posed by the other individual. In order to establish self-defense, an accused must generally show a threat of unlawful force or harm against them and a real, honest perceived fear of harm. The doctrine of self-defense does have a number of other limitations.
Sexual Battery Jury Trial NOT GUILTY DISMISSAL
Riley & Wells Attorneys-At-Law represented a client who was arrested for Sexual Battery. Our client maintained his innocence from beginning to end. A conviction for sexual battery is not only obviously a criminal offense, but it often leads to a term of incarceration, and due to recent changes in the law, registration on the Sex Offender database. The primary issue came down to what is referred to as the credibility of the witnesses. Our client exercised his right to trial by jury. After a day long trial, the jury returned a verdict of NOT GUILTY. Our client was relieved to be able to move on with his live and to have been cleared of the incident. Contact us if you need help with your case. We can help!
Do not give up hope and protect your rights by contacting us today!
6/20/2019 | Updated 1/22/2022