Common Defenses to Assault & Battery Charges in Virginia
Virginia has a number of different criminal laws pertaining to assault and battery, including simple assault and battery (Code of Va. § 18.2-57) and assault and battery against a family or household member (Code of Va. § 18.2-57.2). The penalty for assault and battery can range from fines and jail time associated with a Class 1 misdemeanor conviction under Virginia law (Code of Va. § 18.2-11) to the penalties associated with a serious felony conviction in cases of aggravated assault or, for example, assault and battery against a person because of that person’s race, religion, gender, gender identity, sexual orientation, national origin, or disability. No matter what type of penalty you may be facing in the event of an assault and battery conviction, it is critical to understand that a conviction will result in you having a criminal record that will have repercussions long after you have served a sentence. Accordingly, you need to work with an experienced Fairfax assault and battery defense attorney to fight the charges and to develop a tailored defense strategy that is based on the specific facts of your arrest.
The following are common defenses to assault and battery charges that could be relevant to your case.
Potential Defense Strategies for Your Assault and Battery Case
Depending upon the particular facts of your case, one or more of the following defense strategies may be relevant to your assault and battery criminal defense strategy:
- Self-defense: There are many kinds of situations in which you may be able to use the defense of self-defense. Whether you were defending yourself or acting in defense of a third person, self-defense is a common defense strategy. If you or another person was facing the threat of imminent harm and bodily, and a reasonable person would have been in fear of imminent bodily injury, then self-defense or defense of another person can be a full and complete defense to assault and battery charges.
- Defense of a third (or defense of another): Like we discussed above, self-defense is a valid defense to assault and battery charges, as is the equivalent of self-defense if you are acting in defense of another person. If that person was in imminent fear of bodily injury, and that person’s fear of bodily injury was reasonable, then your use of force against another person may be justifiable in the case of assault and battery charges.
- Defense of your property: If another person broke into your home, into your vehicle, or into your business with the intent of damaging your property, physical action that you took against that person may be justifiable and may be a valid defense to assault and battery charges in Virginia. You should seek advice from a Virginia criminal defense lawyer about the specific facts of your case.
- Alleged victim consented: In the event of sexual assault charges or domestic assault and battery, it is possible that the other party consented to your physical force. It is important to seek advice from a criminal defense lawyer in Virginia before you raise this defense.
- You have an alibi: It is possible that you are facing assault and battery charges because you were in the wrong place at the wrong time, or because you bear a resemblance to the person who actually committed the assault and battery. If you have an alibi for the date and time of the alleged assault and battery, that alibi can be used as a defense against the charges you are facing.
Our Fairfax Criminal Defense Attorneys Can Assist You
If you are facing assault and battery charges in Virginia and you need assistance with your case, one of our experienced Fairfax criminal defense attorneys can assist you. We can assess the specific facts of your case and can tailor a defense strategy to meet the needs of your case. Contact Leary Law for more information about the services we provide to Virginians facing criminal charges in Fairfax.
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