Aggravated Assault
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Northern Virginia Aggravated Assault Attorney
Experienced Manassas Aggravated Assault Defense Lawyer
Certain aggravating factors can elevate acts of assault and battery to serious felony crimes, but a Northern Virginia aggravated assault attorney can help defend you against these charges. At Manassas Law Group in Northern Virginia, our experienced legal team is committed to providing the strategic defense you need to fight aggravated assault accusations head-on.
If you or a loved one is dealing with an aggravated assault accusation, contact an assault and battery lawyer at Manassas Law Group today. Our seasoned defense attorneys are here to provide the strong legal representation you need.
With years of experience defending clients throughout Manassas, Prince William County, and Northern Virginia, we understand the importance of taking swift and decisive legal action to secure the best possible outcome for you. Call (703) 361-8246 or complete our online form to schedule a confidential consultation with a criminal defense attorney on our team regarding your case today.
What is Aggravated Assault in Virginia?
Aggravated assault in Virginia is not specifically defined as a separate offense under state law, but certain aggravating factors can elevate a simple assault charge to a more serious felony offense, often referred to as “aggravated” assault. The primary difference between simple and aggravated assault in Virginia lies in the severity of the harm caused or the intent behind the act, with aggravated assault involving more serious injuries or intent to cause permanent harm.
Below, we will explore the specifics of acts that can be considered “aggravated” assault under the Virginia criminal code in more detail.
Virginia Code § 18.2-57
Va. Code § 18.2-57 addresses the crime of assault and battery, as well as how simple assault and battery can result in enhanced penalties when specific aggravating factors are present. Under Virginia law, simple assault or assault and battery is a misdemeanor crime, but it can be enhanced to a felony in certain circumstances.
The intent behind the assault, the nature of the assault, or the identity of the victim can elevate the charges from simple assault or assault and battery to felony assault. For example, if the victim was a law enforcement officer, or if the perpetrator committed the assault with the intent to harm someone as a result of their sexual orientation, then they may be charged with “aggravated” assault.
What is Aggravated Malicious Wounding?
In Virginia, aggravated malicious wounding is a serious felony offense that occurs when someone intentionally causes severe bodily harm to another person with the intent to maim, disfigure, disable, or kill, resulting in permanent and significant physical impairment.
Unlike aggravated assault, which can include threatening or causing harm under certain aggravating circumstances, aggravated malicious wounding specifically involves an act of extreme violence that leaves the victim with lasting physical damage.
Below, we’ll explore the specific legal definitions associated with malicious wounding under the Virginia criminal code.
Virginia Code § 18.2-51.2
Va. Code § 18.2-51.2 defines the crime of aggravated malicious wounding, which occurs when someone intentionally inflicts severe bodily harm on another person with the intent to maim, disfigure, disable, or kill. To qualify as aggravated malicious wounding under Virginia law, the injury must be so severe that it causes permanent and significant physical impairment to the victim.
The statute also includes provisions for aggravated malicious wounding of a pregnant woman, where the intent is to cause harm to either the woman or the fetus. This crime is classified as a Class 2 felony, carrying harsh penalties including lengthy prison sentences due to the extreme nature of the injury and malicious intent involved.
Aggravating Factors for Assault and Battery Charges in Virginia
In Virginia, simple assault and battery charges can be escalated depending on the presence of certain aggravating factors. These factors not only increase the severity of the offense but can also elevate the charges from a misdemeanor to a felony, leading to harsher penalties. Below are the various aggravating factors for assault crimes in Virginia.
Assault With a Deadly Weapon
Assault involving a deadly weapon can significantly elevate the severity of the charge in Virginia. Deadly weapons can include firearms, knives, or any object capable of inflicting serious bodily harm or death. Shooting, stabbing, cutting, or wounding another person while committing felony assault could result in an additional felony charge.
Even if the weapon is not used to cause physical harm but is used to threaten or intimidate, the presence of a deadly weapon in an assault can lead to more severe penalties under Virginia law.
Assault on a Public Servant or Peace Officer
Assaulting a public servant or peace officer – such as law enforcement officers, firefighters, emergency medical personnel, or correctional officers – while they are performing their official duties is treated as a more serious offense in Virginia. If you harm or threaten to harm a peace officer, police officer, first responder, or other similarly-protected individual, you can be charged with a felony crime.
In order to deter violence against public servants, who are often in harm’s way, Virginia specifically enhances penalties for individuals who commit assault or battery against these individuals.
Assault on a Minor
When an assault is committed against a minor in Virginia, it can damage your case and lead to harsher charges and penalties. Causing physical harm to a child may result in more serious legal consequences, reflecting the state’s concern for the safety and well-being of young individuals.
Additionally, committing assault or battery against a minor child within your home or family could result in domestic assault charges, which is a felony in Virginia.
Assault With Intent to Kill
In Virginia, assault with intent to kill is considered aggravated malicious wounding, where the perpetrator not only commits the assault but does so with the specific intention of causing malicious bodily injury resulting in the victim’s death.
This intent elevates the charge from simple assault to a felony offense. The presence of this malicious intent is a critical factor, as it shows a deliberate and purposeful effort to inflict lethal harm
Assault Leading to Serious Bodily Injury
When an assault in Virginia results in more serious bodily injuries, it can lead to more serious punishments. Serious bodily injury refers to injuries that cause long-term or permanent physical harm, such as disfigurement, loss of function, or life-threatening conditions.
Assaults that lead to severe physical injury are treated with greater legal consequences due to the lasting damage inflicted on the victim, reflecting the state’s commitment to addressing more grievous acts of violence.
Assault Based on Race, Gender, Disability, Etc.
Virginia criminal code also increases the penalties for assaults motivated by bias against a person’s race, gender, disability, sexual orientation, or other protected characteristics. These assaults constitute hate crimes due to the discriminatory intentions behind the acts.
When an assault crime is committed based on these factors, it can lead to felony charges, reflecting the state’s stance against violence rooted in prejudice and the greater societal harm it causes.
What Class is Aggravated Assault?
In Virginia, “aggravated” assault can typically be charged as either a Class 6 felony assault or a Class 1 misdemeanor, depending on the circumstances of the assault.
Penalties for Aggravated Assault in Virginia
The penalties for aggravated assault in Virginia can be severe, depending on the circumstances of the case. A Class 1 misdemeanor assault with aggravating factors can result in a jail sentence of up to 12 months, fines of up to $2,500, either, or both. In some cases, aggravating factors can require a mandatory minimum sentence, as well.
A Class 6 felony assault can result in a prison sentence of no less than one year but no more than five years, or it can result in either a jail sentence of up to 12 months, fines of up to $2,500, or both.
There is also Class 2 felony assault, which is typically reserved for aggravated malicious wounding and can result in a prison sentence between 20 years to life, a fine of up to $100,000, or both.
A Manassas criminal defense lawyer on our team can help you understand the penalties you may be facing based on the facts of your case.
How Aggravated Assault Charges Can Impact Your Life
An aggravated assault conviction can have far-reaching consequences that extend well beyond legal penalties. The social stigma associated with a violent crime conviction can strain personal relationships and can severely limit job opportunities. This can also affect your ability to secure housing, loans, or other financial opportunities, as many background checks will reveal the conviction.
The long-term impact of an aggravated assault charge can be life-altering, affecting nearly every aspect of your personal and professional life, making the help of an experienced criminal defense attorney imperative for these types of case.
Why You Need an Experienced Virginia Assault Lawyer
Aggravated assault charges are nothing to take lightly, and having an experienced Virginia assault attorney is crucial to protecting your rights and building a strong defense. The legal process can be difficult to navigate, especially when facing serious felony charges with potentially life-altering consequences. If you have been accused of assaulting someone with aggravating factors, contact a Virginia violent crime defense attorney at Manassas Law Group today. We work closely with clients facing aggravated assault charges to provide a personalized and strategic defense.
We’ll thoroughly investigate the details of the case, gather evidence, and analyze the prosecution’s claims to identify any weaknesses in their arguments. Our aggravated assault lawyers will also explore all potential defenses and work diligently to negotiate with prosecutors for reduced charges or penalties when possible.
With our commitment to providing strong legal representation and clear communication, we guide you through each step, fighting for the best possible outcome in your case.
Common Defenses for Aggravated Assault Charges
If you’re facing an aggravated assault charge in Virginia, there are a few different defenses that your attorney may be able to use to protect you from a criminal conviction. Depending on the circumstances of your case, your attorney may be able to assert that:
- You acted in self-defense to protect yourself from immediate harm
- You were acting to protect someone else from harm
- You did not have the intent to maim, disfigure, or disable the alleged victim
- The allegations against you are false or you have been mistaken for someone else
- The prosecution’s case lacks the necessary evidence to prove guilt beyond a reasonable doubt
These defenses may be able to lessen the punishments you’re facing or result in your criminal charges being dropped. However, each case is unique, and these defenses may not apply to every situation. At the Manassas Law Group, we work with you to explore all potential defenses, carefully analyzing the details of your case to craft the strongest defense strategy possible.
Contact the Experienced Northern Virginia Aggravated Assault Attorneys at Manassas Law Group Today
If you’ve been charged with aggravated assault in Northern Virginia, don’t face these serious legal consequences alone. At Manassas Law Group, our experienced Prince William County criminal defense attorneys are dedicated to providing you with the strong, personalized defense you need.
Having an aggravated assault lawyer from Manassas Law Group by your side can ensure that you have the best possible chance at a favorable outcome in your case. Whether you’ve been accused of assault with aggravating factors, simple assault, or another violent crime, we’re here to help defend your rights and build a strong case on your behalf.
Contact the skilled attorneys at Manassas Law Group today at (703) 361-8246 or reach out to us via our website for a confidential consultation.
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A violent criminal act like aggravated assault can follow you around forever. Call our Prince William County office at 703-361-8246 to speak with a lawyer about the charges you face.
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