Top Rated Virginia Assault and Battery Lawyer
Assault & Battery cases can range from simple bar fights, confrontations, and domestic disputes to more serious offenses such as a sexual battery or malicious wounding claims with a deadly weapon. The most common type of assault & battery offense is classified as a class 1 misdemeanor criminal offense. An assault & battery can be a felony depending upon the seriousness of injuries, prior record, or if the victim is a member of a protected class such as law enforcement. Our top rated VA assault & battery defense lawyers can help!
***Our attorneys are licensed to practice law in all Virginia Courts***
Assault & Battery Allegations Require Skilled Legal Representation
If you have been arrested for assault & battery, then you need a skilled, experienced Assault and Battery Lawyer. We are zealous advocates. Riley & Wells Attorneys-At-Law has been recognized as a “Best Law Firm” by U.S. News & World Report and fight for our clients. We examine the facts of your case, the circumstances surrounding your arrest, and the evidence the prosecution will attempt to use against you at trial. We can help you understand the allegation you are facing and the possible defenses of your case, which may include self-defense, mutual combat or lack of intent.
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What is the difference between Assault and Battery?
A battery occurs when the defendant touches the victim without consent; however, the victim does not have to suffer an injury for a criminal law violation. An assault can be committed by performing an overt act intended to cause physical harm while having the present ability to inflict harm or by performing an overt act intended to place the victim in fear of bodily harm and actually placing the victim in reasonable fear of harm.
Free Consultation with Most Rated VA Assault & Battery Attorneys
An assault & battery case if handled incorrectly can have a negative longstanding impact on one’s life. The biggest issue for most folks who are in this situation is that they lack the necessary experience and legal knowledge to properly present their case. The average person does not understand the best course of action to defend an assault and battery allegation. Experienced assault & battery defense lawyers know the best tactics for obtaining the best results. Our lawyers spend hours in the Courts every week and are familiar with the habits of the different judges. This knowledge is invaluable in order to present the best defense.
Domestic Violence Criminal Defense Attorney
The domestic violence assault & battery offense is a common type of assault & battery according to Va Code Section 18.2-57.2. Domestic violence, assault & battery is committed against a family or household member. It is a misdemeanor criminal offense unless the defendant has prior convictions. Family and household members include people with children who have lived together in the past year.
Assault & Battery Attorneys Recognized By Super Lawyers Since 2009
Super Lawyers is a legal rating service comprised of outstanding lawyers from over 70 practice areas including assault & battery defense lawyers who have attained a high-degree of peer recognition and professional achievement. This organization recognizes the top rated lawyers nationwide across a variety of practice areas and firm sizes using a patented process of independent research and peer input. Our law firm has been recognized by this publication since 2009. No more than five percent of the lawyers are named to this list and no more than 2.5 percent are named to the Rising Stars list. This recognition is merit based. Retain an assault and battery lawyer who specializes and who has been recognized with this elite award.
Self-Defense & Defense of Others in an Assault & Battery Case
Self-defense and the defense of others are common defenses to assault and battery cases. Self-defense does not allow one to use as much force as he wants to defend himself. The force used in self-defense must be reasonably compared to the threat the other individual poses. To establish self-defense, an accused must generally show a threat of unlawful force or harm against them and a real, honest, perceived fear of harm. The doctrine of self-defense does have several other limitations.
The “Stand Your Ground” Defense
“Stand your ground” is a common term that means a person has no legal duty to retreat before using self defense in an assault & battery case if legally justified. Virginia is a stand your ground state, which means that if you did not start the assault or provoke the incident in any way, then you can stand your ground and defend yourself against your attacker without having to retreat. On the other hand, if you are at least partially at fault in starting the assault, fight or confrontation, then Virginia law requires you to retreat as far as you safely can before you are permitted to used what is called excusable self-defense.
Sexual Battery Jury Trial NOT GUILTY DISMISSAL
Sexual Battery Allegation
Our assault & battery lawyers represented a client who was arrested for Sexual Battery. Our client maintained his innocence from the beginning. A conviction for sexual battery is not only obviously a criminal offense, but it often leads to a term of incarceration and to registration on the Sex Offender database. The primary issue came down to what is referred to as the credibility of the witnesses. Our client exercised his right to trial by jury. After a day-long trial, the jury returned a verdict of NOT GUILTY. Our client was relieved to move on with his life and have been cleared of the incident. Contact us if you need help with your case. We can help!
Do not give up hope, and protect your rights by contacting us today!
6/20/2019 | Updated 10/23/2024