Richmond Assault and Battery Lawyer
If you are charged with assault or battery, you may face significant prison time. This crime is considered under Virginia law as a Class 1 misdemeanor or a Class 6 felony depending on the circumstances of the crime.
You need an attorney who knows how to fight against these serious charges, one with the determination, experience, and knowledge to mount a successful defense. Pendleton Law aggressively defends individuals accused of assault and battery and other violent crimes.
What Is an Assault Charge?
In Virginia, assault and battery are technically separate crimes. Assault is any act that intentionally causes bodily harm or fear of it to someone else. Simple assault covers non-physical acts that put the fear of harm into someone. Battery is added when there is a physical act.
For an act to count as a simple assault, two things must be present. First, there must be a chance of imminent harm, that is, harm that could come immediately. Second, there has to be a reasonable fear of physical harm
This means that harassment by phone or social media would not count as assault. While scary, there’s no way people can attack you physically (thankfully!) through your computer or phone. However, other crimes may come into play in those circumstances. Our assault and battery lawyers in Richmond present a formidable defense to all types of assault and battery charges.
What Is Battery?
Battery needs a physical act to count and it doesn’t take much. All you have to do is touch someone without their consent, whether by hand or with an object. You do not have to harm someone for it to count as battery, but you do have to have intended to touch the victim. An accident doesn’t count.
This is why assault and battery often come together. Usually, when someone is touched without consent, there is a high likelihood they are scared of a physical altercation.
Virginia recognizes certain acts of assault and battery as hate crimes. This is one of the lines that separates a misdemeanor assault and battery from felony assault and battery. Assaults of a sexual nature are also treated differently by the law.
Another way your charges can be modified is if you are accused of attacking an officer, an educator, a health care provider, or a first responder. These all come with mandatory minimum jail sentences ranging from 15 days to six months.
Self Defense Is a Valid Defense in Virginia
Virginia is a stand your ground state. This means that you have a right to use reasonable force to defend yourself if you’re not the instigator of an attack. You also need to have a reasonable fear that you’re in imminent danger of bodily harm.
Put more simply, someone else has to be attacking you and it needs to be a legitimate threat to your health. If you’re in this situation then you are allowed to fight back. However, you must only use the amount of force necessary to protect yourself from harm. If you go too far, you could be convicted of assault and battery, or even worse charges.
Reducing an Assault Charge
Our assault and battery attorneys in Richmond work to get your charges reduced through examining the evidence and arguing for lesser charges or a complete acquittal. We also fight to get our clients the most lenient sentence possible should there be no way to avoid a sentence.
There is also the possibility of standing your ground. Should we believe this is the case, we will fight the prosecution to show that they don’t have enough proof to convict you of a crime. We cannot say for certain if this is possible without first examining your case.
Get a Qualified Assault and Battery Lawyer in Richmond on Your Side
If you face assault or battery charges, our Richmond assault and battery attorneys are ready to hear your story. Call Pendleton Law Team or contact us online to schedule your consultation at our Richmond, Virginia office.