Simple assault is a Class I misdemeanor and a person who has been accused of threating to harm someone is facing serious charges. Fairfax simple assault penalties include up to 12 months in jail and a fine of up to $2,500. Someone convicted for simple assault will then have the charge shown up in background checks, which can have long-term consequences. If you have been arrested for simple assault, reach out to an experienced simple assault lawyer today. An attorney could fight on your behalf to ensure that you are getting the representation that you deserve.
Simple assault is when someone is accused of putting another person in a situation where they feared unwanted touching. It does not require any battery or contact with the person. However, simple assault is still considered a violent charge but it is distinguished from assault and battery. The elements of simple assault in Fairfax include that the accused, by their actions, put the complaining witness in a position where a reasonable person would have felt fear of imminent harm or unwanted touching.
Some different types of misdemeanor assault incidents may come from tense situations including making threats on the phone or in person, brandishing a firearm, or even trespassing. All of these actions are Class I misdemeanors, though some of them do have different elements from each other. However, it is important to remember that each one is just as serious as the other. This is why it is essential for someone facing Fairfax simple assault penalties to obtain a well-train attorney.
Simple assault cases are usually heard in the General District Court in Fairfax. However, if the charges are between individuals who have cohabitated within the past 12 months, people who share children, or people who are family members, then those charges will be heard in the Juvenile and Domestic Relations District Court.
Almost all simple assault cases are bench trials. However, following an appeal of a conviction, an accused does have a right to ask for a jury trial.
Anyone facing Fairfax simple assault penalties should be concerned. Although a misdemeanor charge is not as severe as a felony, it is still serious. If someone has been arrested for simple assault and they have a clean record, the charge could affect their employment and ability to legally own a firearm. In some situations, a third assault and/or battery charge can be charged as a felony, therefore, it is important to defend every assault case that an individual faces.
An accomplished criminal attorney will know how to build a defense for someone facing charges. They will work tirelessly to get the charges either dropped or mitigated.
Fairfax simple assault penalties are severe and have long-term ramifications. This is why you should consult with an attorney today if you are facing charges. A knowledgeable lawyer could review the facts of the case and determine the best way to defend against your charges. Do not face these charges alone, call today to schedule a consultation.