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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.
How We Can Help
Our team can investigate the details of your allegations. Remember, the state must prove your guilt beyond a reasonable doubt. By thoroughly picking apart the prosecution’s claims, we may be able to find holes in their narrative.
Here are some defenses we may be able to use in your case.
Self-Defense
We may be able to prove that you reasonably believed you were in imminent danger, and you acted to protect yourself.
Defense of Others
Similar to self-defense, you also have the right to defend someone else from a threat.
Lack of Intent
Intent is a crucial element in assault and battery cases. If you did not mean to harm someone, we may be able to present your side of the story.
Consent
If the alleged victim consented to combat, we could argue that they assumed the risk, and you are not guilty of assault.
Alibi
An alibi defense involves proving that you were somewhere else when the alleged assault or battery occurred.
False Accusation
People make false battery accusations for various reasons. Using the evidence at hand, we may be able to prove that the event never took place, and you are innocent of the crime.
Our team knows that each case is unique, and the best defense strategy depends on the specifics of your case. You can trust our skilled legal counsel to choose the most appropriate defense for you.
Our legal team is here to help defend Chesapeake residents against assault and battery accusations. For a free consultation, call us today at (757) 267-4949 or contact us online.
Your rights are time sensitive. It's imperative to seek representation as soon as possible before it's too late.
Read Our Client Testimonials
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Mr. Miller is one of the best there is professional and everyway and very knowledgeable trust in his process I’m very grateful to have had him as my attorney. Thank you again, Mr. Miller for everything.
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Frequently Asked Questions
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What Do I Do After an Arrest?Remember that just because you have been arrested, it does not mean that you are automatically guilty. Once you have been brought to the police station, the bond will be set. This means that you do not have to sit in jail while the process is underway; you are free to go home to wait for your arraignment. The purpose of bail is to ensure that you return to court for the arraignment. If you are unable to post bail, then you will be required to remain in custody until the arraignment. The amount will be determined by the courts and may depend on the type of charges filed.
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Do I Need a Defense Attorney?Yes. If you have been arrested and are facing criminal charges, then it is in your best interests to hire a defense lawyer to represent you. Self-representation has a low success rate due to the complexity of Virginia criminal law. At The Law Offices of Daniel J. Miller, we are familiar with the local criminal courts, judges, and prosecutors. We have a strong success record and can help you build a strong defense strategy, no matter what charges you are facing. You should never go through this alone.
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When Should I Hire a Criminal Defense Lawyer?You should hire a criminal defense attorney as soon as possible after your arrest. It is highly advisable that you do not speak to anyone after you've been arrested until you have the representation of a criminal lawyer. This is to ensure that you don't incriminate yourself by saying something that will damage your defense.
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How Much Does a Criminal Defense Attorney Cost?The cost of a criminal defense lawyer depends on a number of factors, including their consultation fee (if any), their retainer, their hourly fees, and the length of your criminal case. If you want to know the cost of a specific criminal lawyer, the best step to take is set up an initial consultation. Call (757) 267-4949 to schedule a criminal defense consultation with Attorney Dan Miller and find out how he could help protect your rights and freedom!
We’ll Fight For You
At The Law Offices of Daniel J. Miller, we represent victims of personal injuries, including cases involving car accidents, motorcycle accidents, dog bites, and brain injuries. Based in Virginia Beach, we serve clients in many areas of the community, and the surrounding cities. We work diligently to recover the maximum compensation for the victims we represent. Since 2001, our team of experienced lawyers has recovered millions of dollars in compensation for personal injury victims like you.
It is our belief that people deserve legal representation that acknowledges what they are going through and what they need. From being able to put our clients in touch with excellent doctors to being as supportive, honest, and responsive as we can be, we are here to support our clients from start to finish.
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Personalized Attention for Each Client
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A Proven Track Record of Results
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Experienced & Knowledgeable Legal Advice
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Invested in Your Case & Your Success
Complete our form below or call us at (757) 267-4949.