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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I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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Mr Miller you're the man I appreciate advising me what to get for my case and getting my reckless driving ticket reduced. Would highly recommend you to anyone if asked for help.- J. J
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Mr. Miller and his team are a class act and helped me get out of situation I should of never been in. Mr. Miller is down to earth and listens to what you have to say. His team was very helpful with emailing me all the information I needed and keeping me up- M. Wilder
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I had to use their services three times in the past 20 years. I was completely satisfied with each time I was represented. They were professional and their communication with me was nothing less then stella. Their results was worth the price.- K. Young
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Mr. Miller is an OG he's definitely earned my respect, if I ever need an attorney again he'll be my first call.- A. Miller
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Great service excellent information, affordable price and kind staff who do their best to help you understand your situation- M. Bags
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Thank you so much for representing my son. I appreciate how calm and reassuring Mr. Miller was. Although I was nervous about everything he always remained calm, and gave me the facts as he seen them. In a situation like that I feel that is the type of Lawyer you want in your defense. Thanks so much again- C. Harris
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Very professional representation, Mr. Blair was very knowledgeable, prepared and friendly. On the off chance I ever need representation again, I will call this office.- Bob A
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it’s a crazy experience having a lawyer but he looked out and made my case easier W firm for making sure i knew everything and W lawyer for making sure i took care of what made the case go smoothly- A. Britton
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Thank you so much Mr Miller, I appreciate everything you done for me. Your staff is excellent and the communication your staff provide is extraordinary. You were always available when needed. Wish y’all nothing but SUCCESS!- B. Gardner
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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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.
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Third Offense Petty Larceny
Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.