In Virginia, assault is usually termed as simple assault in many cases and battery is often termed as assault and battery. In most typical and usual cases under average circumstances these crimes are charged as misdemeanor offenses. However, under many cases battery charges get a mandatory prison sentence and the charge can even be increased to the level of a felony with a most probable prison sentence. If you are someone who has been arrested for an attempted battery charge, you better call a good lawyer who can tell you about the details of charges and their punishments.
Attempted battery means that a person planned about physically hurting someone and had even taken a step in the direction of committing the said crime. Battery is the illegal touching of someone in a vengeful and angry way, even if the actual action caused no actual or significant injury to the person. In case of attempted battery it means that a person set out to hurt another individual but was unsuccessful in doing so. If the victim was selected on purpose from a specific race or religion then the charges are increased from misdemeanor to a felony. These can be served with a mandatory jail sentence and a hefty fine.
Virginia laws do allow the court to let go or dismiss certain specific type of criminal charges that include some battery and assault charges too. For example in the case where the alleged victim and the accused have buried the hatchet and the victim is no longer pressing charges. This is called satisfaction and discharge. There are requirements for this to happen though. The victim has to give a written affidavit that he or she has received ample satisfaction from the accused offender. Many times this is in the shape of money. This actually requires the presence of a sensible and tactful defense attorney to be there to give appropriate guidance otherwise the whole thing can be misconstrued and taken in the wrong sense, which could lead to a heftier sentence for the accused.
There are many defense lawyers who are meticulous with their work and so dedicated to it that they would hate to see their clients suffer through even the most minor troubles. A misdemeanor sentence is still a sentence and will go on record of the individual. Many defense lawyers ay with the given facts and situations so smartly that they are able to get the charges dropped entirely which can be of great relief to the accused person. Just for the sake of decent employment, no one likes having a criminal record even of the minutest kind. Sometimes the person can be wrongly accused of attempted battery but until that wrong charge is not proved as being wrongful, it will stick and the person will be given a sentence accordingly. In that case a good defense lawyer is of the utmost importance so as to give sensible guidance to his or her client.
ATTEMPTED BATTERY CHARGE ARREST LAW IN VIRGINIA – call us at 888-437-7747.