Assault and Battery
The experienced Assault and Battery Defense Lawyers at The Sprano Law Firm have successfully defended thousands of clients charged with misdemeanor assault cases in Northern Virginia.
Assault and Battery Defense Lawyers
Simple Assault, or Assault and Battery, is a Class 1 Misdemeanor in Virginia. A conviction carries a maximum possible sentence of up to 12 months in jail and a fine of up to $2500. It is considered a violent crime that will stay on your criminal record for life. If you have been charged with assault and battery in Fairfax or Northern Virginia, it is important to find the best criminal defense lawyer you can – someone with experience and a proven record of success in the courtroom. If you are facing one of these charges, the attorneys at the Sprano Law Firm can help.
Developing a winning trial strategy takes experienced trial lawyers.
We will start by gathering all pertinent information relevant to your case. Then we will use our expertise in the law and the lessons learned from trying literally hundreds of assault and battery cases in Virginia to develop a strategy that will give you the best possible chance of getting the charge dismissed or winning a not guilty verdict at trial.
The law of self defense
By far the most common defense offered in assault and battery cases is the claim that the defendant acted in self defense. Our assault and battery defense lawyers are extremely knowledgeable about the law of self-defense in Virginia, and can help determine whether such a defense is a viable option in your case. Virginia law recognizes two distinct types of self defense: justifiable and excusable. Justifiable self defense exists when a person is entirely without fault in bringing on the conflict. In that case he or she is not required to retreat before resorting to reasonable force to defend him or herself from an attacker. When a person is to some degree at fault in bringing about the conflict, he or she may still claim excusable self defense if – before resorting to the use of force – the person retreats as far as reasonably possible and make know a desire for peace by word or action. Note that this is different from the so-called “stand your ground” laws like they have in Florida and in other states. Virginia law essentially allows an individual to stand his ground only if he was completely without fault in bringing on the altercation in the first place. Otherwise, there is a duty to retreat before using force – as a last resort.
In either type of self-defense, the force used must be necessary to repel an apparent immediate threat of bodily harm, and it must be reasonable. A common argument the prosecutors make in these cases is that even if the defendant was justified in using some force in self defense, the amount of force used was excessive given the circumstances.
The assault and battery defense lawyers at the Sprano Law Firm in Fairfax know how to prepare and present a winning self defense case. It is all too common in Virginia for a person to be charged just because he or she happens to be win the fight – even if the so called “victim” started it — or because the other person decided to go to the police or magistrate first and press charges. If this describes what has happened to you, give us a call today. Our lawyers have an excellent track record of successfully defending these types of cases by at trial.
Plea Bargaining and Sentencing Issues in Virginia Assault and Battery Cases
Even if you do not have a good defense on the merits – you made a mistake, you lost your temper, you got carried away – our assault and battery defense attorneys may still be able to help you avoid or at least mitigate some of the adverse consequences of your actions. Sometimes the prosecutor will agree to amend the charge to one of Disorderly Conduct, which does not carry the same stigma and violent association on a criminal record. In other cases, the most important part of the case may be the presentation of an effective mitigation argument to a sentencing judge, in order to keep you out of jail. Whatever the circumstances of your case, if you are charged with assault and battery in Fairfax, Alexandria, Arlington, Prince William our Loudoun County, our dedicated and skilled criminal defense lawyers will defend you to the utmost. We will do everything possible to secure the best possible outcome of your assault and battery charge.
Contact Us for a Free Consultation
Follow this link to review our record of results in recent criminal cases.
Our office is located near the Fairfax County courthouse. We are open for appointments Monday through Friday, and available by phone and e-mail seven days a week.
Spanish language service is available.
The Sprano Law Firm, LLP
Northern Virginia Criminal Defense Lawyers
10603 Judicial Drive
Fairfax, VA 22030
Toll Free: 866-936-5614
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