Leesburg Assault Lawyers

Attorneys Defending Against Assault and Battery Charges in Leesburg, VA

If you are facing assault charges in Leesburg, Virginia, you may be concerned about the serious consequences that these accusations may have on your life life. Assault allegations may occur in a variety of situations, including misunderstandings, self-defense, or arguments or disputes that got out of hand. If you are convicted of assault, you may face penalties such as fines, jail time, and a lasting criminal record. At Whitlock Law, LLC, our attorneys can provide strong legal representation to address charges of assault. We will work with you to protect your rights and help you determine the best approach to take during your case.

How Assault Is Addressed in Virginia

Under Virginia law, there are two general types of assault:

• Simple Assault: This is defined as an attempt or threat to inflict harm on another person, causing a reasonable fear of imminent harm.
• Assault and Battery: This refers to the actual unlawful touching or use of force against another person.

These offenses are both classified as Class 1 misdemeanors, and a conviction may result in a sentence of up to 12 months in jail and/or fines of up to $2,500. In addition, a person will have a criminal record that can affect employment, housing, and other opportunities.

Situations Leading to Increased Assault Charges

Certain circumstances can elevate an assault charge to a more serious offense, resulting in harsher penalties. These include:

• Assault Classified as a Hate Crime: Under Virginia law, enhanced penalties may apply if an assault was allegedly committed based on the victim’s race, religion, gender, disability, sexual orientation, or national origin. In these situations, a person will be required to serve a minimum sentence of six months in jail. If an assault resulted in a bodily injury, a person may be charged with a Class 6 felony, which carries a maximum sentence of five years.
• Assault Against People in Protected Occupations: Assaults against specific public servants are treated more seriously. Assaulting a law enforcement officer, judge, correctional officer, firefighter, or emergency medical service provider is a Class 6 felony, punishable by a mandatory minimum jail sentence of six months. Assaulting a school employee, health care provider, or an operator of a public transportation vehicle is a Class 1 misdemeanor with a minimum sentence of six months.
• Malicious Wounding: An assault involving a shooting, stabbing, or other wounds in which the offender allegedly intended to kill the victim or inflict disabilities may be charged as a Class 3 felony, and a conviction may result in a prison sentence of five to 20 years. If the alleged victim suffered permanent impairments, a person may be charged with aggravated malicious wounding, which is a Class 2 felony that may result in a prison sentence of 20 years to life.
• Strangulation: Choking a person or cutting off their airway, resulting in a bodily injury, is a Class 6 felony.
• Domestic assault: When a person is accused of assault and battery against a member of their family or household, they may be charged with a Class 1 misdemeanor, although a third offense within 20 years will cause the charges to be elevated to a Class 6 felony. When a person is accused of domestic assault, a court will usually issue an emergency protective order, which may restrict contact with the alleged victim, prohibit the person from returning to their home, and require them to turn over any firearms they own.

Defense Strategies for Assault Charges

Every assault case is unique, and our attorneys will review the circumstances of these charges to help you determine the best steps you can take to defend against a conviction. Potential defenses may include:

• Self-Defense: If you were protecting yourself or another person from harm, we can help you show that your actions were legally justified. You will typically be required to show that the use of force was reasonable and necessary under the circumstances.
• Defense of Others: Similar to self-defense, this argument may apply if you acted to protect another person from imminent harm or danger.
• Lack of Intent: Assault charges may require prosecutors to prove that you intended to harm or threaten someone. We may be able to demonstrate that your actions were accidental or that your intentions were misunderstood.
• False Accusations: In some cases, assault allegations may occur during personal disputes or attempts to gain leverage in legal cases such as child custody battles. Our team will investigate the motives behind the charges to uncover inconsistencies or false claims.

Contact Our Leesburg, Virginia Assault Defense Attorneys

If you are facing assault charges, Whitlock Law, LLC can provide the legal representation you need. Whether you are dealing with accusations of simple assault or claims that you engaged in acts that could lead to serious penalties, we will work to protect your rights and help you defend against a conviction. Contact us by calling 703-576-5005 to arrange your free consultation.