Virginia Beach Assault and Battery Defense Attorney

Fierce Advocate Defending Clients Against Assault and Battery Charges in Virginia Beach

It does not take much for someone to end up charged with assault and battery in Virginia. These charges can arise from physical confrontations or heated altercations, and you could face stricter penalties depending on the identity of the alleged victim. If you have been accused of this crime, do not wait to see a lawyer. Contact a Virginia Beach assault and battery defense attorney today.

At Castellano Law Firm PLLC, we defend clients accused of violent crimes. When you work with our firm, we will do everything we can to help you get the charges reduced or dismissed, fighting for the best possible outcome based on your specific situation. We are available 24/7, so you can reach us anytime.

Understanding Assault and Battery Charges in Virginia

Assault and battery are often mentioned together, but they describe two distinct things under Virginia law. Assault refers to an act that causes another person to reasonably believe they are about to be physically harmed. Battery refers to the actual unwanted physical contact itself. In practice, the two are frequently charged together when an altercation involves both a threat and physical contact.

A basic assault and battery charge in Virginia is a Class 1 misdemeanor. A conviction can result in up to 12 months in jail and a fine of up to $2,500. While a misdemeanor conviction carries less exposure than a felony, it still creates a permanent criminal record that can affect employment, housing, professional licensing, and other areas of life. The circumstances surrounding the incident determine how the charge is classified and what penalties may follow.

Aggravating Factors in an Assault and Battery Case

Certain circumstances can elevate an assault and battery charge from a misdemeanor to a felony. When the alleged victim is a law enforcement officer, firefighter, or emergency medical personnel, the charge becomes a Class 6 felony, carrying a potential prison sentence of one to five years.

Malicious wounding is a related charge that applies when a person intentionally cuts, wounds, or injures another person with the intent to maim, disfigure, disable, or kill. A malicious wounding conviction is a Class 3 felony, which carries a sentence of five to 20 years in prison. When the same conduct occurs without the element of malicious intent, it may be charged as unlawful wounding, a Class 6 felony.

Assault and battery charges can also be treated as hate crimes when the act was motivated by the alleged victim's race, religion, national origin, or similar characteristics. A hate crime enhancement can significantly increase the penalties attached to the underlying charge, including a six-month minimum jail sentence.

What Defenses Can You Assert in an Assault and Battery Case in Virginia Beach?

The facts behind an assault and battery charge are unique to each case, and there are several recognized defenses that may apply depending on the circumstances. Self-defense is one of the most common. Virginia law allows a person to use reasonable force to protect themselves from an imminent threat of harm. The force used must be proportionate to the threat, and the person asserting self-defense generally cannot have been the initial aggressor.

Defense of others follows similar principles. A person who uses reasonable force to protect another individual from an imminent threat can raise this defense as well. In cases involving physical confrontations, the sequence of events and who initiated the contact can be a genuine dispute that witness testimony, surveillance footage, and physical evidence can help address.

In some cases, the alleged victim's account may be inconsistent, exaggerated, or motivated by a personal conflict. Examining the relationship between the parties, the history between them, and any communications surrounding the incident can reveal context that the initial police report does not capture. A skilled criminal defense lawyer can investigate an alleged assault and battery in detail to get a clearer idea of what led up to the incident.

Contact a Virginia Beach Assault and Battery Defense Attorney Today

There are two sides to every altercation, and yours deserves to be heard. Call 757-724-0073 or contact our Virginia Beach assault and battery defense lawyer today to arrange a free consultation.