Assault and Battery Lawyer in Fincastle, VA

Criminal Defense for Assault Charges in Virginia

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. Virginia’s Code defines simple assault, assault and battery, and aggravated malicious wounding as possible assault and battery offenses. Each of these has punishments that include jail time, and two have added fines, as follows:
  • 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 Spigle, 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.

Assault & Battery Against Protected Classes in Virginia

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)

Contact the attorneys at Spigle, Massey & Clay, PLC, today for excellence in criminal defense: (800)-218-5409.

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