Whether you face charges of assault and battery or have been accused of family abuse in Virginia, one thing remains the same: You need the help of a proven criminal defense lawyer to protect your rights and your reputation.
A conviction for assault will result in criminal penalties such as incarceration and fines, as well as the collateral consequences that come from having a criminal record. The only way to avoid these problems is to avoid a conviction in the first place. In northern Virginia, you can turn to our fierce advocates at Buczek Carpenter for the skilled defense you need.
Assault and Battery
These are often spoken of together, but they are in fact two different criminal charges that are treated separately in the criminal justice system. Assault comes in many different forms, including domestic assault, assault with a dangerous weapon, and assault during a robbery. Battery is the act of using physical force against a person or their property.
Domestic assault – aka domestic violence – is officially called “family abuse” in Virginia. Family abuse charges can end your life as you know it. In addition to the fines and a potential one year jail sentence, a conviction can result in your removal from your family’s home, limit your time with your children, and put you behind the eight ball in a divorce or child custody case.
Unlawful wounding refers to the intentional act of causing bodily injury to another person without legal justification or consent from the other person that’s committed impulsively or provoked through fear or anger. The injury caused must be more than a mere scratch or superficial wound, but less severe than a malicious wounding (a separate and more serious offense).
In Virginia, unlawful wounding in a Class 6 felony with severe consequences, including imprisonment for one to five years and/or a fine of up to $2,500. In addition, there’s also the possibility of probation, restitution to the victim, and a permanent criminal record.
Malicious wounding is a felony offense in Virginia that involves intentionally causing bodily injury to another person with the specific intent to maim, disfigure, disable, or kill. The act must be carried out with malice, which refers to ill-will, spite, or an intentional desire to cause harm.
Malicious wounding is considered a Class 3 felony and has severe consequences, such as fines of up to $100,000 and imprisonment for five to twenty years. In cases involving the victim’s permanent and significant impairment, the penalty may include a mandatory minimum term of incarceration.
Felony assault in Virginia, encompasses various violent acts that result in significant physical harm to another person. The severity of the injury, the use of a weapon, or the intent to commit a specific crime may elevate an assault charge to a felony offense.
Assault offenses can become felony crimes in certain situations, such as when the victim sustains serious bodily harm due to the offender’s intentional actions. Serious bodily harm typically refers to injuries that could lead to prolonged hospitalization, permanent disfigurement, or impairment. Furthermore, offenders with a prior record of assault convictions may face felony charges for subsequent assault offenses. Other factors that may elevate a misdemeanor assault or battery offense to a felony charge in Virginia include:
- Targeting a vulnerable victim due to age, disability, or other factors
- Concealing their identity during an assault
- Targeting a victim due to religion, nationality, or sexual orientation
In Virginia, the potential consequences for a felony assault include imprisonment for several years or more, depending on the specific charge and circumstances. There is also the possibility of probation, fines, restitution to the victim, and loss of certain rights following a felony assault conviction.
Get the Defense Representation You Deserve
Nothing is more important than your rights, your reputation, and your freedom. You should settle for nothing less than the skilled defense you deserve. Contact us today to schedule a consultation with a knowledgeable criminal defense attorney.