Hampton Roads Aggravated Assault Lawyer

Any assault charge is a criminal act that law enforcement treats seriously. However, there areĀ certain factors that can raise an assault charge to an even more serious charge, which is referred to as aggravated assault. Factors included when considering an aggravated assault charge typically are the use of a weapon, the intent of the offender, the degree of the injury caused, and the status of the harmed individual. If you have been arrested for aggravated assault, consult with a seasoned attorney right away. A Hampton Roads aggravated assault lawyer could advocate on your behalf throughout the legal process.

Assault With a Deadly Weapon

If someone assaults another individual with a deadly weapon, then they could be arrested and charged with aggravated assault. An assault with a deadly weapon is when an offender uses a weapon that is considered to be able to cause the loss of life. For example, gun and knives are automatically considered deadly weapons. There are other objects that can be considered deadly weapons, depending on the circumstances, and it is possible to use those weapons in the commission of an assault.

In Virginia, an assault with a deadly weapon is still considered a misdemeanor. However, if someone uses a gun to assault someone and they are not legally able to possess a gun, then they could be charged with a felony.

Objects Considered Deadly Weapons

Some common instruments that would be considered a deadly weapon would be:

  • Firearms
  • Knives
  • Baseball bats
  • Tools
  • Any object that the Commonwealth can show that a person had the intent to use in a manner that could take someone’s life

Prosecution’s Burden of Proof

In all criminal charges, the prosecution has the burden of proof. This means that they must prove without a reasonable doubt that the defendant committed aggravated assault. With an aggravated assault charge, the prosecution will try to establish that there was a threat of physical violence used by one person toward another individual, that the threat of physical violence was unprovoked, the threat of physical violence was not done defensively, and the threat of physical violence was not any sort of conditional threat.

The prosecution takes these charges very seriously and works tirelessly to convict defendants of aggravated assault. Therefore, it is essential for individuals facing charges to obtain the services of a Hampton Roads aggravated assault lawyer.

Benefits of Hiring a Hampton Roads Aggravated Assault Attorney

Many assaultĀ cases come down to witness testimony. This is why it is important for a defendant to have a Hampton Roads aggravated assault lawyer who has experience handling cross-examinations. An attorney could also gather other types of evidence and raise motions that could be beneficial to you. If you have been arrested for aggravated assault, contact a Hampton Roads aggravated assault attorney immediately. The sooner a lawyer is contacted, the sooner they can begin working on your case. Building a defense as soon as possible is essential to your case and can help you avoid a conviction. Call today to get started on your case.