Fairfax Battery Lawyer
A battery conviction can mean the end of your future wellbeing and freedom. Protect yourself by working with a Fairfax County battery attorney.
If you’re facing a battery charge, you’re up against serious legal penalties. Battery involves the unwelcome contact inflicted by one person upon another and can constitute anything from a light tap to a physical blow. Where assault is the threat of unwelcome contact, battery involves actual contact taking place.
In Virginia, battery is classified as a Class 1 misdemeanor. Penalties increase if the person who brings the battery charge is a protected employee, such as a police officer or teacher.
Committing assault and battery on the basis of gender, religion, or race is treated as a hate crime, making it a Class 6 felony, punishable by a jail sentence of at least six months.
There are defenses available for battery charges. A Fairfax battery lawyer from Priale & Racine, PLLC can work with you to build a strong defense with the goal of having your violent crime charge reduced or dropped completely.
Penalties for Battery in Virginia
Virginia state law lays out the following penalties for battery offenses:
- Assault and battery against someone due to gender, religion, or race is a Class 6 felony punished by either one to five years in prison or twelve months in jail, with the addition of a fine up to $2,500.
- Battery against a protected employee is a Class 6 felony, punishable by a mandatory minimum six-month sentence of imprisonment. Protected employees include judges, police officers, correctional officers, firefighters, and emergency medical technicians (EMT).
- Battery against a teacher while the teacher is performing his or her duties is a Class 1 misdemeanor, punishable by a sentence that includes fifteen days in jail. If the battery involves a firearm, the accused faces a mandatory minimum sentence of six months’ imprisonment.
- A battery charge against a healthcare provider engaged in his or her duties is a Class 1 misdemeanor, which includes a minimum fifteen-day imprisonment.
Defending Against Battery Charges
When you contact a battery lawyer from our firm, you and your attorney will review all the details of your case. We know how to build a strong defense and will handle all of the investigation and evidence collection.
You may have been acting in self-defense. In order to prove this, we must show that you experienced the following:
- Faced a threat of unlawful force, whether real or perceived
- Did not provoke the other person
- Had no reasonable chance of escaping the situation.
In a self-defense battery defense, the force used must match the real or perceived threat. For example, if you are accused of using force against another person who is significantly smaller and less imposing than you, a jury would be less likely to accept a self-defense claim unless there were other extenuating circumstances involved, such as the presence of a weapon.
Similarly, defense of others or property is often involved in battery cases. For example, a property defense might hold up if you are accused of using force against someone who stole your purse or wallet.
Whatever your situation, a battery attorney from our office can examine your case and advise you of the best legal action to take.
Contact a Fairfax County Battery Lawyer
Facing a battery charge is scary, but our attorneys believe you have the right to a strong defense. At Priale & Racine, PLLC, our goal is to represent the best interests of our clients and help them protect their futures and their freedom.
Call us today at 703-272-3922 or fill out our online contact form below to arrange your free, confidential consultation.