Assault and battery are two terms that are often used interchangeably. The difference between assault and battery is that assault does not require contact. However, battery is defined as the unwanted touching of another. It could be as simple as a shove or a poke in the chest. Some of the most common assault charges in Fairfax include domestic assault and battery where people in a relationship or family members get into an argument that turns physical. Other examples of assault charges include felonies such as unlawful wounding, malicious wounding, and assault and battery of a law enforcement officer, which is also a felony. If you have been charged with any of these offenses, speak with a seasoned lawyer that has experience building a Fairfax assault defense. A determined legal advocate could fight for you.
The assault case process begins when somebody is charged with assault and they are arrested. The law enforcement officer is going to make a statement of probable cause at that time and a magistrate will determine whether the person being arrested will be released on bond or held without bond. At that point, when somebody is charged with assault, they are going to be facing a misdemeanor trial. They will go to court usually within about 30 days and have their trial where the accused will face evidence from the complaining witness and then the other witnesses to the allegation.
Local assault lawyers could defend people from assault charges because a lawyer is going to be familiar with the local courts and force the prosecution to prove the elements of any assault charge beyond a reasonable doubt in court at trial. Local lawyers are trained with trial experience and familiarity with local rules and procedures.
When facing assault charges, it is important to retain an experienced defense attorney that could begin building a Fairfax assault defense. A determined defense lawyer could devote the time and resources necessary to achieve a positive outcome for an individual.
Specific defenses include faulty eyewitness testimony or the absence of eyewitness testimony that will corroborate the complaining witness’ account. It could be that the complaining witness leaves out facts and an attorney through cross-examination can bring those facts to light to demonstrate the actual situation. It could be as simple as giving someone the proper opportunity to clearly explain to the judge what happened so that the judge understands no assault occurred. To challenge the prosecution’s case, a defense attorney will gather information from the accused and follow up on this information to present a full case and an accurate version of events to the judge at trial.
Having an attorney when facing assault charges is invaluable. It is like having an expert in the courtroom and having somebody who is familiar with the law, the elements of an assault charge, and available defenses to the assault charge. It is also helpful to have somebody who has had assault trials previously because that attorney is going to be trained and experienced to know what to look for to help defend somebody against assault charges and make it more likely that the accused does not get convicted. If you have been charged with assault, work with a skilled attorney that could begin building a Fairfax assault defense for you.