Assault is often thought of as an intentional or reckless act that causes bodily injury or physical contact to another, or causing the fear that you will inflict injury or contact. There are, however, a variety of ways by which an individual can be charged with assault in Fairfax County, Virginia. Sometimes making physical contact without harm can be considered assault if it was offensive or unwanted by the victim. If an action presents the victim with a reasonable fear of bodily harm, an assault charge can be assessed even if there was no actual physical contact. For assistance with other criminal matters, visit our general Fauquier County criminal defense attorney page here.
Handling an assault charge can be extremely tricky. The prosecutor handling the case can consider your actions to be a simple assault and establish a case where you could be convicted of a misdemeanor with county jail time and extensive penalties and fines. However, the prosecutor could easily inflate the charge from a simple assault to a felony. Being found guilty of these charges could land you in prison for an extended sentence and a large fine after your conviction.
If you are found guilty of the felony of aggravated assault, you could face serious prison time. Whether you have been charged with physical assault, sexual battery or domestic violence assault, you need to consider the worth of an experienced Fauquier County assault lawyer, and how that experience will help you with your case. Your lawyer can negotiate directly with the prosecutor to have your charges reduced or possibly dismissed.
Handling Domestic Assault
Most individuals do not understand that a call to the police during a heated domestic dispute will very possibly end with one or both parties being arrested and charged with domestic assault. Case histories have shown that responding officers who are over-loaded with calls may conduct a haphazard or rushed investigation that could result in the arrest of an innocent party.
In these types of assault cases, it is not a requirement of the law that an alleged victim has sustained a physical injury to charge another with assault. When this happens, it is important to avoid entering a plea of “no contest” and paying fines in an effort to avoid going to court. Doing so can have serious consequences down the line. An experienced Fauquier County assault lawyer will be in a much better position to assess your options and provide the best possible advice.
This type of assault charge could easily have a judge issue an EPO (emergency protective order) due to an alleged assault in a family dispute. This restraining order could forbid you from returning home or prevent you from spending time with your children. And if the children were present when the alleged incident occurred, Child Protective Services may be called in to investigate.
The Importance of a Lawyer
In assault cases, there are always two sides to the story. Police make arrests based on what information is available at the scene, but the evidence and testimonials they collect are not always reliable. Sometimes the person who ends up with the assault charge was simply acting in self-defense, or there were other extenuating circumstances. A criminal defense attorney with a background in assault cases will concentrate his or her efforts on establishing the true facts of the case and representing a client’s best interests.
Not only will your Fauquier County assault lawyer be able to provide you with effective legal counsel, he or she will also likely be familiar with the law enforcement agencies, the judges, and the prosecutors who will be handling your case. This familiarity can make all the difference in resolving your case with the minimal amount of negative consequences. Steve Duckett’s team of Virginia assault lawyers are ready to hear the details of your case, as well as listen to your your needs, and they will provide you with a free consultation. That kind of information will not only give you the tools you need to decide on the next move in your case, it can ease your fears and put your mind at rest.