Arlington Assault Lawyer
If you are facing allegations concerning an assault in Arlington, you need to take aggressive steps to protect yourself. While many assault allegations are mere misdemeanors that are unlikely to result in jail time on conviction, others are serious felonies where a court is required to impose a prison sentence of at least five years.
Even so, the future may not be so bleak. Assault cases are very defensible, and an attorney has many tools at their disposal to create reasonable doubt in the minds of juries. This can result in a conviction for a lesser included charge or even a dismissal of the charges altogether.
An Arlington assault lawyer could help you to identify your goals when going to court. They then work to investigate the matter, to protect your rights during pre-trial hearings, and to present defenses at trial designed to convince juries of your innocence.
The Basics of Assault
Arlington’s core statute that concerns assault is VA Code §18.2-57. This statute simply says that it is illegal for a person to commit an assault. This less than helpful definition also states that simple assault is a class 1 misdemeanor. It is therefore helpful to examine what the law means by assault.
Assault is an old common law legal concept. By common law, we mean that courts have defined assault over hundreds of years of decisions. As a result, we can accept that an assault is any unwelcome contact with another party. In addition, an attempt to commit an assault is just as serious. For example, a defendant who is alleged to have slapped out at another person is guilty regardless of whether that slap connects.
Aggravating Factors in Assault Cases
While a simple assault is a mere misdemeanor, a number of factors present in the case can make an allegation much more serious. The simplest to understand is when a defendant is accused of using a knife, gun, or other weapon to commit an assault. Here, the mere presence of that weapon at the scene of an assault makes the offense a felony. If the use of the weapon actually causes harm to an alleged victim, the penalties carry a mandatory minimum prison sentence of five years according to VA Code §18.2-51.
Another aggravating factor in assault cases is the identity of the alleged victim. According to VA Code §18.2-57, an assault carries a six-month jail sentence at minimum if the defendant intentionally selects their target based upon that target’s race, religion, or color. Further, if that assault results in a bodily injury, the charge changes to a class 6 felony. Here, the minimum jail sentence remains six months; however, 30 days of this sentence must be served in confinement. An Arlington assault lawyer could help defendants to understand the levels of assault charges in Arlington.
Working to Create Reasonable Doubt
Defense attorneys have a variety of strategies available to them to create reasonable doubt in assault cases. The most obvious one is that the defendant is not the person alleged to have committed the assault. Cases of mistaken identity are common, especially if the sole witness to the incident is the alleged victim.
Defendants can also argue that any assault was an instance of self-defense. True, the strict meaning of the law states that an unwelcome physical contact between people is an assault. However, a person may have justification to touch another if the other person initiates the incident. This may also be known as mutual combat.
An Arlington assault lawyer could help defendants to analyze the prosecutor’s case and to implement a defense tailored to their specific needs.
An Arlington Assault Lawyer Could Stand Up for You in Court
Allegations of assault in Arlington can range from mere annoyances to serious felonies. Although misdemeanor assault allegations rarely result in jail terms upon conviction, a guilty verdict will still create a criminal record that could have far-reaching consequences. More serious allegations, such as those involving targeting another person due to who they are, or assaults that involve a weapon carry mandatory jail terms.
In any event, an Arlington assault lawyer stands ready to help you. They can work to make sure that you understand the relevant assault laws, to examine the strength of the prosecutor’s case, and to choose a defense path most likely to meet your goals. Every stage of a case is vital; contact an attorney today to protect your rights.
