Newport News Assault Lawyer
Being accused of assault can be devastating. You may be angry at your accuser for making false allegations, or you may feel the charges are unfair because you acted in self-defense. Regardless of the specific circumstances that led to the assault charges against you, a Newport News assault lawyer can be by your side throughout the legal process you are facing and can fight to have the charges dismissed or reduced.
Consult an Experienced Newport News Assault Attorney
Whatever the events that prompted assault charges against you, it is crucial that you have a Newport News assault lawyer as your advocate. Your attorney can present your side of what happened to the court and highlight any defenses you may have for your actions, such as reasonable self-defense.
The aggressive defense lawyers with our firm are familiar with the Newport News court system and can harness their local knowledge and the resources of a private criminal defense firm to provide you with a personalized defense strategy.
Assault Charges in Virginia
In Virginia, simple assault is a Class 1 misdemeanor punishable by up to 12 months in jail and up to $2500 in fines under Virginia Code 18.2-11. If you have been accused of simple assault or assault and battery, your Newport News assault lawyer can examine your case and pinpoint any weaknesses in the evidence against you.
Enhanced Penalties for Assaulting Certain Victims
Virginia Code 18.2-57 also outlines several categories of simple assault that carry enhanced penalties, based on who the victim of the assault is and whether he or she held a protected position or occupation. Being charged with an assault that carries heightened penalties can make having a Newport News assault lawyer that much more critical.
Assault vs. Battery
- Assault is traditionally defined as a threat or force causing a reasonable fear or apprehension that a harmful or offensive contact is about to occur. The harmful or offensive contact itself is referred to as a battery. In Virginia, the offense of assault and battery is included in the simple assault statute.
Assaulting a law enforcement officer, judge, firefighter, emergency medical technician, or security officer who is in the course of performing official duties is categorized as a Class 6 felony punishable by one to five years in prison, and carries a six month mandatory minimum sentence.
Assaulting an educator or a health care worker also carries heightened assault penalties. While the offense remains a simple assault Class 1 misdemeanor, a minimum jail sentence of 15 days with a mandatory 2-day minimum to be served applies.
Bias-motivated assaults against a person due to their religious beliefs, race, nationality, or color also are treated more seriously than other simple assaults. If an alleged victim is not seriously injured, the accused faces six months in jail with a mandatory 30 day minimum. If the alleged victim does suffer serious injuries, however, the offense is a Class 6 felony punishable by up to one to five years in prison.
The court does have the discretion to impose a lesser sentence of up to 12 months in prison and up to $2500 in fines, though, and this is one reason why it is so important to have an experienced Newport News assault attorney advocating on your behalf.
Malicious and Unlawful Wounding
Virginia also maintains statutes dealing with malicious wounding – wounding with the intent to maim, disfigure, disable or kill someone – and unlawful wounding, or seriously injuring someone without the intent to do so, under Virginia Code 18.2-51. In some jurisdictions, these types of offenses could be classified as felony or aggravated assaults.
What a Newport News Assault Lawyer Can Do For You
If you have been accused of any kind of assault, contacting a Newport News assault lawyer can be a good first step toward minimizing the harm of your charges. Call today to set up a free consultation and find out more about the penalties you may be facing and how you should proceed.
