Alexandria Assault Lawyer
Assault is generally regarded as a Class 1 misdemeanor in Alexandria and is punishable by up to a full year in jail and a fine of up to $2,500. There are some aggravating circumstances which could increase the potential penalties for certain types of assaults.
If you are charged with any form of assault, consult with an accomplished assault attorney. Given the potential punishments which could stem from such a charge and the high level of discretion the court has in determining the penalties for a given defendant, it is wise to have an attorney by your side to fight for your rights. Call an Alexandria assault lawyer to learn more.
What is Assault?
A person can be convicted of assault even if they never touch or harm another person. This is because assault is defined as causing the apprehension of an imminent harm. “Battery” refers to the actual harm that a person intentionally causes to another. This becomes intuitive if you think about the following example:
Jill sees Jack on the sidewalk, walks up to him and attempts to punch him in the nose. Jack sees this occurring and swiftly dodges the punch, turns and runs away. Jill caused an apprehension of an imminent harm, and can be charged with assault, which carries the same potential penalties as if she had successfully punched Jack. That is to say, the law will not reward Jill with a lesser punishment for merely being too slow to land a punch.
Race, Religion, Color, or National Origin
If a person commits an assault on a specific individual because of that individual’s race, religion, color, or national origin, a conviction will result in a mandatory six months in jail, 30 days of which must be a served consecutively and immediately. If such an assault results in bodily injury, a conviction will result in a Class 6 felony, which carries a minimum sentence of one year in jail and a possible sentence of up to 5 years in a state prison.
Assault against a Family or Household Member
It is a Class 1 misdemeanor in Alexandria to commit an assault or an assault and battery on a family member or household member.
If it is a defendant’s first conviction for assault on a family or household member, it is possible for the court to defer judgment, and place that person on probation for a period of two years. The defendant typically must also complete an education program aimed to teach them about family violence. The court can order such a person to complete any other education, evaluation or treatment program that it deems fit. The cost of such programs must be paid by the defendant.
Assault with the Intent to Maim or Kill with a Weapon
It is a Class 3 felony to maliciously cause bodily injury with the intent to maim, disfigure, disable, or kill another person. Examples which would be evidence of such intent include shooting, stabbing, or otherwise wounding an individual. A Class 3 felony is punishable by up to a minimum of 5 years in prison and up to 10 years in prison.
If such behavior is deemed to not be malicious, but merely unlawful, the crime will be considered a Class 6 felony instead of a Class 3 felony. A Class 5 felony is punishable by a minimum of 1 year in jail and a maximum of 5 years in prison.
Given the subjective nature of the distinction between malicious and non-malicious intent, an Alexandria assault lawyer could be extremely useful in making clear that a defendant should be charged with the lesser of these two offenses.
Calling an Alexandria Assault Attorney
If you are charged with any form of assault, do not hesitate to call an Alexandria assault lawyer to discuss your charges. An attorney could see to it that you receive a fair trial and could mitigate any consequences stemming from a conviction.
Call today to learn more about how an assault attorney could help with your case.