Vaughan C Jones, Attorney at Law Articles Explaining Assault and Battery Charges in Virginia

Explaining Assault and Battery Charges in Virginia

By Vaughan C. Jones   Jan. 24, 2011 4:14p

Assault and battery, are in fact two separate and distinct actions. Assault involves the threat of harm or the "perceived" threat of bodily harm. In legal terms, this means that the person intended to cause bodily harm, injury or offensive contact to the victim. However, it is not necessary that contact actually took place. This means, you can be found guilty of assault, without actually touching someone. For example, if you threw a punch and the victim ducked, you are still guilty of assault.

Battery on the other hand does involve making that physical contact in an offensive or injurious manner. In order for a person to be found guilty of assault & battery, the prosecution must prove that the attacker had both the intent to harm the victim and the actual harm itself. Assault and battery is a class 1 misdemeanor, with a maximum penalty of 1 year in jail and a $2,500 fine.

Defenses to an Assault and Battery Charge

If you are convicted of assault and battery, you are facing heavy fines and incarceration, however, with assault and battery charges; there are specific defenses that an experienced Richmond assault and battery defense attorney can use in court. These defenses may include:

  • If you acted in self defense.
  • If there was intent. Assault and battery have to be deliberate, they cannot be accidental.

If you or someone you care about has been accused of assault and battery in Richmond or the surrounding areas, a Richmond criminal defense attorney at the Law Office of Vaughan C. Jones can help assist you in your case. We understand that people are wrongfully accused of assault and battery every day. If you are convicted, you are facing criminal consequences that last a life time. We are here to explain the legal system to you and fight tirelessly on your behalf, in an effort to get the charges against you reduced or dropped entirely.

Contact a Richmond Assault and Battery Lawyer from our firm today for a free case evaluation.

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