Assault and Battery Lawyer in Fincastle, VA
Massey & Clay, PLC: Criminal Defense for Assault Charges in Virginia
If you need an assault and battery lawyer in Fincastle, VA and surrounding areas, contact Massey & Clay, PLC. Throwing a punch or striking another person with an instrument that someone may view as a weapon can result in a police report. Based on the police investigation of the physical findings, they may issue a charge of simple assault, assault and battery, or aggravated malicious wounding, according to the Virginia Code.
- Simple Assault: Punishable by up to one-year incarceration and/or up to $2,500 in fines.
- Assault & Battery: Punishable by up to one-year incarceration and/or up to $2,500 in fines.
- Aggravated Malicious Wounding: Punishable by a prison term of 20 years to life.
A skilled criminal defense attorney at Massey & Clay, PLC, can meet with you to discuss your options relating to an assault and battery offense. Call us today at (800) 218-5409 or contact us online to schedule your appointment.
How Does the Virginia Code Define Assault?
If someone commits an offense against a member of a protected class under the Virginia Code, the punishment changes from those mentioned above. When the offensive action takes place against another person performing official duties, it is a Class 6 felony, punishable by one-to-five years in prison with a six-month mandatory sentence. The victims in this protected class include:
- Judges or Magistrates
- Law Enforcement Officers
- Correctional Officers
- Firefighters or EMT Personnel
Protections for Educators and School Administrators in Virginia
The roles of educators are also part of a protected class. If someone commits an offense against a person who they know or should know is a teacher, guidance counselor, or principal and the victim is performing official duties, then the offense is a Class 1 misdemeanor, punishable by up to 12 months in jail and/or $2500 in fines. There is a minimum sentence of 15 days in jail. Possible defenses for this include:
- Defense of self/others
- Consent
- Accidental contact
- Lack of malice (malicious wounding)
