Can You Get Your Assault and Battery Charges Dropped?
In Virginia, Code Section 18.2-57 defines the charge of “Simple assault and battery.” An easy way to remember the substance of the charge is to think of it as an intentional harmful contact or touching. Don’t make the same mistake that many people make – they incorrectly think of this charge as one action. In reality, each word refers to a separate act. An “assault” is an action that places another person in imminent apprehension of an unwanted contact. “Battery” is the actual touch or contact. This crime may arise in a variety of contexts – if you have been charged, consult your local Virginia Beach Criminal Lawyer for an honest consultation.
In Virginia, there can be MORE jail time if certain facts exist, or allegations are raised relating to assault and battery charges. For example, the law provides for increased punishment if the state can prove that a defendant selected the victim based on his or her race, religion, or skin tone.
What are Defenses to an Assault and Battery Charge?
Your local Virginia Beach Criminal Lawyer is the best resource if you seek a superior understanding of your case, including defensive strategies that you may have available to you. In the context of an assault and battery, a defendant might rebut the charge by proving he was not the initial aggressor and that he was acting in self-defense. Other defenses may be available, including the defense that the action was not voluntary or intentional. You can trust your local Virginia Beach Criminal Lawyer to work with you to determine the best defense, given the facts of your case. When selecting a local Virginia Beach Criminal Lawyer, there are important attorney-qualities to consider. Select an attorney that takes an interest in your case from the first meeting.
