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Defending Against Assault and Battery Charges in Virginia

What is Assault and Battery?

An assault is defined as the apprehension of a harmful or offensive contact, while a battery is the actual contact pursuant to §18.2-57.

Some of the more serious assault charges are domestic assault, sexual assault, and aggravated assault. Regardless of the type of charge, you need an aggressive and knowledgeable legal advocate.

What are the Penalties for a Simple Assault and Battery Conviction?

If found guilty of a simple assault and battery, penalties can include:

    • A maximum 12 month jail term
    • A maximum fine of $2,500
    • A criminal record for a class 1 misdemeanor, which can negatively impact employment opportunities or travel outside of the United States

What are the Penalties for Assault and Battery Based on Race, Religious Conviction, Color or National Origin?

If found guilty of this type of assault and battery based on race, religion, color or origin, penalties can include:

    • A mandatory minimum 30 day jail term
    • A maximum fine of $2,500
    • A criminal record for a class 6 felony, which will negatively impact employment opportunities or travel outside of the United States

What are the Penalties for Assault and Battery on a Judge, Law Enforcement Officer, Correctional Officer, etc.?

If found guilty of assault and battery on a judge, magistrate, law enforcement officer, etc., penalties can include:

    • A mandatory minimum six (6) month jail term
    • A maximum fine of $2,500
    • A criminal record for a class 6 felony, which will negatively impact employment opportunities or travel outside of the United States

What are the Penalties for Assault and Battery on an Elementary or Secondary School Employee While Performing Their Job?

If found guilty of assault and battery on a public or private school employee while performing their job, penalties can include:

    • A mandatory minimum two (2) day jail term
    • A maximum fine of $2,500
    • A criminal record for a class 1 misdemeanor, which can negatively impact employment opportunities or travel outside of the United States

What are the Penalties for Assault and Battery on a Health Care Employee While Performing Their Job?

If found guilty of assault and battery on a health care employee while performing their job, penalties can include:

    • A mandatory minimum two (2) day jail term
    • A maximum fine of $2,500
    • A criminal record for a class 1 misdemeanor, which can negatively impact employment opportunities or travel outside of the United States

However, if a firearm or other prohibited weapon on school property is used during the assault and battery, the mandatory minimum sentence is increased to six months.

Why Hire an Experienced Criminal Defense Attorney if Charged in Virginia?

Hiring an experienced criminal defense attorney will give you access to a wealth of legal knowledge that can be useful in beating your charges.  Where plea negotiations are the best course of action, knowledge of the Virginia sentencing guidelines and experienced negotiation skills with prosecutors are essential.

The Law Firm of Susan F. Fremit is successful in defending against assault charges and appeals.  If you are charged with assault and battery, check out Susan’s track record now and then contact her to set up a free consultation to see how her experience can work for you.

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