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.