Fairfax County Assault Lawyer

When you hear the word assault, you probably imagine one person hitting or injuring another. But in the legal world, assault refers to when one person puts another person fearful of an imminent offensive touching or injury. The actor does not actually have to touch the other person.

Instead, battery is the term which means some offensive or injurious touching of another person. Technically, it is battery even to touch someone when they do not want to be touched, as long as the touch was on purpose.

It can be challenging to figure out the best way to deal with the police if the police accuse you of injuring another person. Charges for assault can range from misdemeanors to felonies.

Therefore, it may be vital to receive help from a Fairfax County assault lawyer who could explain to you the applicable laws and how you may want to move forward. If you are facing charges, reach out to an experienced criminal defense attorney today.

Legal Definition of Assault

As noted above, assault legally means to cause another person to be fearful of a damaging or unwanted touch, so the law is titled assault and battery in Code of Virginia §18.2-57. There are various levels of assault, such as:

  • Simple assault
  • Racially-motivated assault
  • Aggravated assault
  • Assault with intent to injure
  • Assault against a household member

Simple Assault

Simple assault or assault and battery is a Class I misdemeanor. The court would only put the person in jail for up to one year at most and issue a fine of up to $2,500.

Racially-Motivated Assault

If a court finds that a person committed assault because of a person’s race, color, country of origin or religion, the court will sentence that person to at least six months of jail. If the assault resulted in bodily injury, that is a Class 6 felony. A felony may affect a person’s future rights, and the court will sentence that person to at least six months of jail. The court could send a convicted person to jail for up to five years.

Aggravated Assault

If a person intentionally, maliciously and seriously injures another person causing permanent harm, that is a Class 2 felony, as noted in Code of Virginia §18.2-51.2. The same punish applies if a person causes an involuntary termination of another person’s pregnancy.

Assault with Intent to Injure

If another person intends to injure another seriously and does some act of violence, that is a Class 3 felony, as found in Code of Virginia §18.2-51. If the act of violence is done without malice, then the court would only convict that person of a Class 6 felony. Individuals facing felony assault charges should seek the services of a dedicated assault lawyer in Fairfax County as soon as possible.

Assault against a Household Member

Commonly referred to as domestic abuse, assault against someone who lives in the same home or is in a romantic relationship is a Class 1 misdemeanor, as described in Code of Virginia §18.2-57.2. The court will issue stronger penalties for a third conviction.

Let a Fairfax County Assault Attorney Assist You

Do not stand alone if you are facing a charge of assault. You have the right to an attorney and if you take advantage of that right, you may find that the outcome of your matter is drastically affected.

Speak with a Fairfax County assault lawyer to learn about the options available to you and what you can expect in the future in regards to your matter. Each case is unique and outcomes vary widely. Learn about what you can do now to protect yourself and your future from the consequences related to a possible misdemeanor or felony charges.