Portsmouth Assault Lawyer

Assault charges in Virginia range from Class 1 misdemeanors to Class 6 felonies, and the difference in punishments for each are substantial. It is important you know what to expect on your day in court. A Portsmouth assault lawyer can help you with your case so that you understand the full scope of what you’re facing. Call an assault lawyer in Portsmouth today.

How a Portsmouth Assault Lawyer Can Help You

The law in this area is complex. To get a conviction, the Commonwealth must prove each element of the assault crime. A Portsmouth assault lawyer knows what these elements are and will thoroughly review the facts and circumstances of your situation to plan a course of action. To best prepare for your case, you need to know exactly what the charges against you are and how to best address them. An experienced assault lawyer in Portsmouth can give you just that.

Types of Assault Laws in Virginia

Assault, governed by Virginia Code Section 18.2-57, is defined as threatening or using force against a person that causes the person to have a reasonable fear of imminent harm, regardless of whether physical contact was made.

Assault and battery occurs when a person commits an assault and also makes harmful or offensive physical contact with the victim [Va Code 18.2-57].

Both simple assault and assault and battery are Class 1 misdemeanors, punishable by up to 12 months in jail and/or up to a $2500 fine [VA Code 18.2-11(a)].

Other Assault Laws and Penalties

A person charged with assault could face additional penalties depending upon the circumstances of the incident. Section 18.2-57(A) states that when a victim of an assault or an assault and battery is selected due to his or her race, religion, or skin color, the punishment is a six month jail sentence, with a mandatory confinement of at least thirty days. When a person has committed assault and battery under these circumstances and the victim has sustained bodily harm, the conviction is a Class 6 felony, punishable by confinement of at least six months up to five years with a mandatory minimum confinement of thirty days, and up to $2500 in fines.

Assault of an officer (which includes any member of law enforcement, emergency medical personnel, firefighters, judges, magistrates, and correctional officers) while the officer is on duty is a Class 6 felony, punishable by one to five years in prison, with a mandatory minimum six-month sentence [VA Code 18.2-57.(C)].

Assault of an educator (a teacher, principal, or other school employee) is a Class 1 misdemeanor punishable by a jail term of fifteen days, with a two day mandatory minimum.

Assault charges in Virginia range from Class 1 misdemeanors to Class 6 felonies, and the difference in punishments for each are substantial. It is important you know what to expect on your day in court. A Portsmouth assault lawyer can help you with your case so that you understand the full scope of what you’re facing.

Contact an Assault Lawyer in Portsmouth Today

It is important to begin working with legal counsel as soon as you are charged in order to determine the best way to proceed with your defense strategy.  By calling a Portsmouth assault lawyer with our firm immediately, you may be one step closer to moving past your charges.  To conduct your free initial consultation, call now.