Assault & Battery
Assault and battery in Virginia includes a wide range of offenses, some of which many would not typically think of when hearing the words “assault and battery.” Knowing your rights and the laws in this situation is essential in knowing how to defend yourself against what could be severe penalties since prosecutors will pursue these with extreme aggression. Even a simple assault charge can acquire a 1 year jail sentence.
Some things included under the classification of “Assault and Battery” in Virginia are:
- Simple Assault
- Maiming
- Bullying
- Poison (possession or usage)
- Adulteration of food, drink, drugs, cosmetics, etc.
- Hazing
- Allowing access to firearms by Children
- Pointing a laser at law-enforcement personnel (this includes a normal laser light pen)
- Assault against a family or household member
- Reckless endangerment of others by throwing objects from a higher place than one story such as a highway overpass or the top of a building
The simplest breakdown of these would be a simple assault or a felony assault. A simple assault offense typically does not result in serious injuries and sometimes does not even come as the result of even touching the other person at all such as in cases of hazing or bullying. For simple assault cases, a prosecutor needs to prove either that injury occurred and you knowingly or recklessly attempted to cause injury or harm or that you had the potential to do so in such a way that it caused the other person to fear for their safety.
A simple assault can be as simple as an offensive touching as well as striking another and typically considered a class 1 misdemeanor up tot a year in jail.
A simple assault on a police officer is considered a class 6 felony which carries a mandatory six months jail sentence, as well as a punishment of up to 5 years in prison.
Don’t wait till the last moment to talk to a defense attorney. The McClenney Law Firm is here to help you know and understand your rights and help you in your defense. Call us today for a consultation.