ASSAULT & BATTERY
Charges for simple Assault & Battery are serious and can result in imprisonment, fines, Protective Orders, loss of firearm rights and possibly felony charges. Prosecutors and police in Hampton Roads will consider the "victim's" side of the story to be the "right" one. Who is the victim?... many times it is the first person to obtain warrants or call the police. You will need an experienced criminal defense attorney to protect your rights, your record, and your liberty.
An “Assault and Battery” under Virginia Code 18.2-57 really includes two separate crimes. An “assault” is simply an attempt or offer to do some kind of bodily harm to another, and having the means to do so. It likely requires evidence of some kind of force or violence, but ultimately an “assault” is merely an attempt or offer to batter somebody. A “battery” is a non-consensual touching. Injury is not required to be convicted of an “Assault and Battery.” A conviction relies on the prosecuting person to prove a non-consensual touching and that you intended it in a harmful or offensive manner – not just a friendly tap on the shoulder.
Assault and Battery is a common-law crime. Which means that the crime itself dates back to our English ancestry. While there is a statute in the Code books, the elements and requirements for conviction have been established through centuries of court decisions. There are a lot of cases on the topic- which is why it is important to have a competent and knowledgeable criminal defense attorney on your side.
Prosecutors in Hampton Roads often consider the "victim's" side of the story to be the "right" one. Many cases of Assault and Battery (or “A&B”) involve two people that are involved in a mutual-combat incident, or a scuffle that got out of hand. However, while one person “brushes it off,” the other goes straight to the magistrate or police for criminal charges. You’re now in the hot seat because you are last to tell your side of the story. The police will attempt to interview you holding the perspective that you will be lying. You will need a criminal defense attorney to effectively tear-apart the opposing side and strategically navigate the court system. That’s where I come in. No matter the severity of the injury or the relationship between the individuals, I can help you. (It is surprisingly easy to be charged with a felony assault in Virginia as well; find my article here).
To discuss an Assault & Battery, Unlawful Wounding, Malicious Wounding, or Aggravated Malicious Wounding charge in Virginia, call Brian M. Latuga, Esq. at (757) 687-3657, or submit your contact information here, and request a free, confidential consultation with a knowledgeable and experienced criminal defense attorney.