Fairfax Assault Defense Attorney

Criminal charges are scary. They come with the threat of losing your freedom, and they harm your reputation. In this way, assault charges are particularly damaging. They imply that you behaved violently, with the intent to harm another.

If you’ve been accused of assault or battery, contact our firm for help. With two decades of legal experience, Attorney Ann M. Thayer is known for her clear communication skills, and she can help explain your innocence to the court.

For an effective assault defense in Fairfax, trust The Law Office of Ann Thayer, PLLC. Fill out our online contact formfor a free consultation.

Defining Assault

Assault is often confused with battery. The terms are often used together as “assault and battery” charges.

Technically, assault is a separate charge. It is an act of violence, but often, the victim is left unharmed. At its core, assault is attempted violence or a threat of violence. For instance, raising your fist at someone could be considered assault. Even spitting at someone could be charged as assault.

Battery, on the other hand, involves direct violence. Punching, kicking, or using an object to strike someone are forms of battery.

Assault Penalties in Virginia

Despite being technically different crimes, assault and battery are charged the same.

Assault is:

• A Class 1 misdemeanor, the highest in Virginia
• Penalized by up to 1 year in jail, and fines can go as high as $2,500.

Because assault victims are typically left unharmed, sentencing rarely goes beyond these standards. There is, however, another form of assault that carries heavier punishments.

Assault committed with a weapon is labeled “aggravated assault.” Even if there is no injury, someone who points a knife or a gun at someone could be charged with aggravated assault.

Aggravated assault is:

• A Class 6 felony, the lowest felony charge in the state
• Penalized by 1 – 5 years in prison, and fines can go as high as $2,500

Battery involves direct contact which someone, often leading to damage. If someone is seriously harmed in an alleged battery, charges and sentencing can be steeper than the penalties outlined above.

Assault as a Hate Crime

If the state believes that assault or battery is motivated by prejudice, it can upgrade the charge to a hate crime.

Prejudiced assault, or a hate crime, is:

• A Class 6 felony
• Penalized by a minimum of 6 months in jail

Confrontations can happen between anyone. The alleged victim’s gender identity, race, or sexual orientation could be irrelevant. Prosecutors can use minority statuses to elevate an assault charge into a hate crime. Not only do these accusations affect your freedom, but they also stain your reputation, labeling you a bigot. If you’ve been accused of a hate crime, contact our office right away. You need a strong defense to keep these terrible allegations away.

Common Defenses Against Assault

Our attorney has defended many Fairfax clients against assault. Here are some credible defenses that she can use in your case.

Self-Defense

In Virginia, you have the right to protect yourself from an attack. Furthermore, you are not required to retreat from a perceived threat. According to the state’s stand-your-ground laws, you can fight back without fear of legal retribution.

Self-defense extends to the protection of others as well. If you witness someone under an attack, you can step in and help. In this scenario, you legally take on the role of the victim. As the protector, you have the same self-defense rights as if you were the one being attacked.

Mutual Combat

Legally, two people can agree to a fight. When they do, one person is usually defeated. The anger and shame of that defeat can cause someone to make false accusations of assault or battery. If you were in a scuffle that was consensual, and you are now facing assault charges, you can explain your situation in court. Our attorney can help.

Duress

Sometimes, criminals distance themselves from illegal acts, especially violent ones. They may find someone to do their dirty work for them. If you are coerced, through threats of violence, into illegal activity, you can plead that you were operating under “duress.”

Attorney Thayer is here to listen to your story. If you were forced to commit a violent act, our lawyer can help you collect the appropriate evidence to corroborate your claims.

Mental Illness

A mental illness plea cannot be taken lightly. If the court agrees that you were suffering a breakdown at the time of the alleged offense, it doesn’t simply set you free. You will be sent to a mental health facility. While not technically prisons, these facilities greatly limit your freedoms and put you under strict observation. You will be asked to undergo rigorous therapy, and you may be forced to take sedatives or other powerful drugs. A mental illness plea is reserved only for those who truly need help, not for people trying to evade justice.

If you or a loved one has mental health led to a violent act, our team can work with you and help explain your situation to the courts.

For help with an assault and battery defense in Fairfax, call our office today at (703) 940-0001, or contact us online. The Law Office of Ann Thayer, PLLC is on your side, ready to help preserve your innocence and your freedom.