Assault defense in Virginia court involves understanding that the only defenses against a charge of assault or battery is necessary and proportionate self defense when escape is not a realistic option, defense of others with the foregoing considerations in mind, proportionate discipline of one’s minor children in due moderation, and consent (for instance a consensual wrestling or boxing match, or consensual rough or BDSM sexual play, which has its own realm of defense).
As a Fairfax criminal lawyer, I know that the sentencing stakes get higher as the alleged injuries become more serious. Beware mandatory minimum sentencing for convictions for assaulting law enforcement officers.
As a Fairfax criminal lawyer, I know how important it is that everyone beware assault initiators who believe that the first to point the finger at the other person in an affray gets the advantage in criminal court. Beware such defense becoming a he-said/she-said situation, and circumstances where you have no witnesses, and the other side has lying witnesses.
Always beware being accused of this and all other crimes. Even real victims can end up misidentifying their assailants, particularly in the midst of and aftermath of the startling event, pain and medical attention over their injuries.
With clients accused of assault, Jon Katz gets right to work with trial preparation, and also exploring with clients whose hands are not automatically clean the possible benefits of entering an anger management program (and parenting class when the defendant’s child is the alleged victim), obtaining psychological counseling and seeking a clean psychological bill of health, and doing substantial voluntary community service hours.
For negotiations, criminal lawyers have the option to seek to settle misdemeanor assault (not involving alleged domestic assault) directly with the civilian complainant and seeking the court’s agreement to any agreed dismissal, which procedure bypasses the prosecutor. Aggravated assault charges and all other felonies cannot be settled in said manner.
Nobody wants to have such a conviction on their hands. These are damning accusations and need to be fully defended.
Fairfax criminal lawyer Jon Katz pursues your best defense for Virginia misdemeanor, felony and DUI cases. To discuss your case with Jon in confidence, please schedule an appointment through his staff, at (703) 383-1100.