Criminal Defense Lawyer
Assault has a variety of criminal charges and laws associated with it. This makes it a complex legal matter, and it means there are a lot of questions surrounding the field, as a criminal defense lawyer in Fairfax, VA from a law firm like May Law, LLP, can explain. A criminal defense lawyer in Fairfax, VA from a law firm like May Law, LLP, can explain. Whether you’ve been assaulted or you’ve been accused of assault, it’s important to have some essential information.
Keep reading for a quick FAQ on assault law so you can have some important knowledge on the topic.
Are there different types of assault charges?
Yes. Depending on state laws, the nature of the crime, and the specific actions taken during an assault, there are several different types of charges. These include simple assault, aggravated assault, assault and battery, among others.
What is simple assault?
Simple assault is an attempt to cause serious bodily injury to another person, or the committing of an act to put fear of bodily harm into another person. Whether someone has been physically injured or fears they may be physically injured, simple assault is usually classified as a misdemeanor.
What is aggravated assault?
Unlike simple assault, which is typically classified and charged as a misdemeanor, aggravated assault is a felony. Considering that, aggravated assault may involve causing bodily harm with a weapon or with the intention of committing a serious crime.
Is it possible to reduce an aggravated assault charge to a misdemeanor assault charge?
While it may be possible, this is a decision that a district attorney would make. These decisions are also typically made during negotiations with a defendant’s attorney.
Are there other ways to classify assault crimes?
Yes. In some states, rather than classifying assault as either simple or aggravated, these crimes are classified in terms of the level of harm done. These classifications typically run in the following fashion: first (the most serious), second, and third degree.
What is assault and battery?
Battery is a little bit different than assault. It is defined as the intentional use of force or violence against another person. For example, grabbing someone’s arm or punching them in the face is considered battery. If these actions are taken with the intent to cause serious bodily harm or with a deadly weapon in hand, an assault and battery charge may be handed over.
Can a “deadly weapon” be something other than a gun?
Yes. Deadly weapons are defined as any object used with the intention of causing serious or lethal harm to another person. Knives, guns, blunt objects like pipes, and even scissors can be classified as deadly weapons if they are used with intent to lethally harm someone.
What is the punishment if someone is convicted of aggravated assault?
Since aggravated assault is considered a felony, punishments may include time in prison. Being convicted of a second degree felony could entail a punishment of probation (if the convicted party is eligible) and anywhere from 2 to 20 years in prison.
Assault charges and convictions can change based on a variety of circumstances. If you don’t know how to navigate the maze of assault law, it’s critical to have an experienced attorney on your side. For more answers to your assault law questions, reach out to an assault and battery lawyer in Virginia today.