Fairfax Aggravated Assault Attorney

A Fairfax aggravated assault lawyer can represent you when you are arrested for a serious assault crime.  Assault is considered a violent offense in Virginia for which you may be sentenced to imprisonment.  Aggravated assault means there were additional factors that were a part of the crime that necessitates more serious penalties.  When you are accused of aggravated assault, the stakes are higher because a conviction can mean a long jail term and a felony record. You need an attorney in Fairfax with experience handling these types of complex cases.

How a Fairfax Aggravated Assault Lawyer Can Help

In many cases, the aggravating factor that results in more serious assault charges can be difficult for a prosecutor to prove. A prosecutor may have a difficult challenge to show you specifically were motivated by a victim’s color, race, national origin or religion, or that you were aware of the fact that the alleged victim was working in a school or as a healthcare worker.

Your Fairfax aggravated assault lawyer may be able to help you avoid conviction not just for aggravated assault, but even for simple assault.  A conviction can be avoided if you can prove affirmative defenses such as self-defense, or defense of a third party.  You can also avoid conviction by introducing reasonable doubt as to whether you committed any part of the assault crime.

To get help responding to charges, contact a Fairfax aggravated assault lawyer to learn how you can have a knowledgeable advocate on your side.

Aggravated Assault Charges in Fairfax

Under Virginia Code Section 18.2-57, the offense of simple assault is a misdemeanor offense involving making an imminent threat of unwanted contact. You are often charged with this offense in conjunction with battery. While assault is the threat of unwanted contact, battery means you actually made unwanted contact with another person, either with your hands or with any object.

For a charge of simple assault, you could face up to a year in jail and a fine of $2,500. Aggravating factors, however, can lead to harsher penalties including a mandatory minimum term of incarceration and a felony charge. For example:

  • You can be charged with assault as a hate crime if you select a victim based on race, color, religion, or national origin. This is a misdemeanor unless serious bodily injury occurs, in which case you are charged with a Class 6 felony. A misdemeanor conviction results in six months in jail, with a mandatory minimum term of confinement for 30 days.
  • If you assault someone in the criminal justice system like a corrections or police officer; or if you assault a school or healthcare worker who is carrying out duties at the time of the incident, you also face a mandatory minimum term of incarceration and potential felony charges.

You can be charged with these offenses just for making an imminent threat to harm someone that a reasonable person would believe. If you actually follow through and hurt someone, you will face additional charges and penalties.

If you maliciously shoot, cut, stab, or wound another person with the intent to maim, disfigure, disable, or kill the victim, you may be charged with aggravated malicious wounding under Code Section 18.2-51.2. Malicious wounding, if the injury is not permanent, is a Class 3 Felony punishable by a term of imprisonment of not less than five years nor more than 20 years and a fine of not more than $100,000. Unlawful wounding, if there was no malice involved, is still punishable by up to five years in prison.

Contact an Aggravated Assault Lawyer in Fairfax

There is no substitute for experienced defense within the Fairfax court system.  The Fairfax aggravated assault attorneys at our firm have spent a great deal of time defending individuals from serious criminal charges and understand how prosecutors build their cases.  Call us today to learn how we can help you to build a successful defense strategy.

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