Chesapeake Assault and Battery Defense Attorney
Defending Your Rights in Virginia
Assault and battery charges can have a severe impact on an individual's reputation and future. They can affect your employment, housing, and even your close relationship. Often, the crime of assault doesn’t even involve direct, physical violence. It can be something as simple as pushing someone or spitting at them.
The Law Offices of Daniel J. Miller have a proven track record of defending clients against assault and battery charges. Our Chesapeake team is ready to help you navigate the complicated legal system, and we work tirelessly to protect our clients’ rights. Having an assault or battery allegation over your head is a stressful, emotional situation time.
Our firm’s top priority is giving each client the personal attention they deserve. There is no one-size-fits-all approach to criminal defense. Our strategies are tailor-made to fit each situation and allegation.
If you are facing assault and battery charges, contact our team online right away for help.
Assault and Battery Penalties in Chesapeake
Assault refers to the attempt to harm another person. The law can interpret these attempts broadly, defining any unwanted touching or even threats as assault.
Battery, alternatively, involves causing direct, physical harm.
Both of these crimes can result in severe penalties such as fines, imprisonment, and a permanent criminal record. Penalties grow steeper when there is more than one accusation on record.
Virginia’s Battery and/or Assault Penalties
- Simple Assault
A class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500. - Second or Subsequent Offenses
A class 6 felony with a penalty of up to 5 years in prison and/or a fine of up to $2,500.
Circumstances That Can Aggravate Assault and Battery Charges in Chesapeake
Certain circumstances can make Virginia’s assault penalties more severe, such as:
- When a deadly weapon is involved
- The alleged victim is a law enforcement officer
- The alleged victim is pregnant, elderly, or disabled
Aggravated Assault Penalties in Virginia
Includes imprisonment from 2 to 20 years and/or a fine of up to $100,000.
Assault and Battery Charged as a Hate Crime in Chesapeake
Assault and battery charges in Virginia can come with even more caveats that ruin your reputation. If the police believe that the offense is motivated by someone’s race, religion, gender identity, sexual orientation, or another protected category, they can elevate the charge to a hate crime. You could get into a simple scuffle with someone, an altercation that has nothing to do with their protected status, and be accused of bigoted violence.
Read Our Client Testimonials
At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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Mr. Miller is phenomenal. You can sense that he genuinely care about your case. He realizes how much a case can impact a person for the rest of their lives and will try to do anything from his knowledge, experience, and will power to help you get the best results. Words can not describe how I am so pleased to have gone through with my case with Mr. Miller. I will never forget him and I will recommend anyone to him.- Client
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Mr. James Weaver and his team are true professionals. From the start, he was honest and straightforward. He always stayed positive with me and kept me calm when I thought everything was going horrible. Mr. Weaver got me the best outcome possible in my situation. I highly recommend him to anyone looking for a great lawyer.- S. Bohrer
I hired Mr. Weaver for my family law issues. -
- M. War
Unfortunately I have had to use The most professional courteous reliable and hard working Law Offices of Daniel J Miller. Upon the arrival at the start of my case to the departure at the end of my case, Mr. Miller and Mr. Weaver from the start of consultation knew what I was up against and delivered more than I expected from any lawyer in Virginia to do for me. I had an on going custody battle and now have my son full time and out of harm's way. I am extremely pleased with the services I was provided. I HIGHLY recommend this firm if you want the best possible outcome for your case.
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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.- M. Sellers
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- T. Neilan
Excellent Attorney!
Daniel J. Miller is an absolute pleasure to speak with and conduct business with! Very intelligent, knowledgeable of the law, friendly, and professional! I was very pleased with the outcome of my case and will be hiring him for my future legal needs.
I highly recommend Daniel J. Miller for your legal issues and needs.Don't let cost be a detractant, you get what you pay for. And Premium Representation comes with a premium cost, but is well worth it!
A Track Record of Success
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Protective Order
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Pre Litigation Defense – Rape
Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.
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Protective Order
Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.
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Driving Under the Influence 4th Offense– Bond Hearing
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
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Violation of Protective Order – Appeal
Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.
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Breaking and Entering with Intent to Commit Misdemeanor
Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.