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McLean Assault Defense Attorney

Aggressive Defense Lawyers for People Accused of Assault and Battery in McLean, Virginia

Allegations of violent crimes can threaten to ruin your reputation. Worse, if you are convicted of the offense in court, you could be left with a permanent criminal record along with the possibility of fines and jail time. If you have been charged with a misdemeanor or felony count of assault and battery, seeking out legal representation is highly advisable. A McLean criminal defense attorney can represent you in court and advise you of how to respond to new developments in your case.

Contesting a charge of assault and battery requires a careful defense strategy. At Salvado Law Offices, we have experience arguing and negotiating on behalf of our clients in criminal cases as we strive to reach the best outcome in each case.

What Is The Difference Between Assault and Battery?

Although many people often use the terms assault and battery to refer to the same thing, in Virginia, they have distinct meanings. Assault is a gesture or action that puts somebody in fear of physical harm or offensive physical contact, whereas battery is the act of actually making offensive or harmful contact with another person. Note that you can be charged with assault without actually making contact with contact with another person.

Assault and battery have distinct meanings, but they are charged as one crime under the state's assault and battery statute. This crime requires intent, so if you brushed against another person without meaning to, you cannot be charged with assault and battery. Moreover, simply making contact with another person is not grounds for assault and battery by itself—the act must have been done with the intent to harm or cause offense to the other person.

How Is Assault and Battery Prosecuted in Virginia?

The penalties for assault and battery can vary greatly depending on the circumstances of your arrest. The crime of simple assault typically refers to unsuccessful attempts to injure someone else or any other kind of offensive physical contact toward another person. On a conviction, simple assault is punishable as a Class 1 misdemeanor, which carries up to a year in jail as well as a potential fine of up to $2,500. However, it may be upgraded to a felony charge if the attack was motivated by the victim's race, religion, gender, sexuality, or national origin.

The crime of assault and battery may also come with upgraded penalties if the attack is committed against certain persons like teachers or law enforcement officers. For these upgraded charges to apply, the aggressor must have known (or reasonably should have known) that the victim belonged to that specific profession.

When an act of battery involves stabbing, shooting, or any other action with the intent to maim, disfigure, disable, or kill, it is charged as aggravated malicious wounding. This is a Class 2 felony, which carries 20 years to life in prison.

How Can I Challenge an Assault and Battery Charge?

There are many different ways to challenge an assault and battery charge. At Salvado Law Offices, we may be able to assert that:

  • You were using a reasonable amount of force to protect yourself from an imminent danger
  • You did not intend to cause anybody harm or put anybody in fear of bodily injury
  • You and the alleged victim both consented to the act

As part of our defense strategy, we can help compile evidence and witness testimony to support your case.

Meet With a McLean, VA Assault Defense Lawyer Today

Have you been arrested for assault and battery? Salvado Law Offices can help. Our firm is ready to take on your case, exploring all avenues to have the charges against you dismissed or reduced in court. To schedule a free consultation today, call our offices at 703-379-9446 or contact us online.

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