McLean, VA Assault and Battery Lawyer

Violent Crime Defense Lawyer for Assault and Battery Charges in McLean, Virginia

You might have heard the terms "assault" and "battery" used interchangeably. However, in Virginia, assault and battery are two distinct offenses. Battery means making physical contact with another person without their consent and in a harmful or insulting way. Assault can mean acting with the intention and ability to cause bodily harm without making physical contact.

In other words, attempting to commit battery and failing is a form of assault. Assault may also involve acting with the intent to make the victim fear an imminent battery. Both offenses may lead to a jail sentence or other penalties upon a conviction, even in cases involving misdemeanor charges. Because of this, these charges must be taken seriously. With representation from a skilled lawyer, you can take the proper steps to defend against assault and battery accusations and avoid a conviction.

Noorishad Law, P.C. is highly experienced in defending people who have been charged with assault, battery, or other violent crimes. McLean, VA criminal defense attorney Kaveh Noorishad has been recognized by prestigious professional organizations such as Super Lawyers and the National Trial Lawyers. He can take on even the toughest violent crime cases with confidence.

We understand that most people who commit assault or battery did not do so purposefully but were probably provoked in some way. Whether you were involved in a bar fight, had a verbal dispute escalate, or saw an ongoing interpersonal conflict reach a boiling point, you deserve strong legal representation as you defend against criminal charges. Attorney Noorishad is the lawyer other lawyers hire to address these issues.

Understanding Simple Assault and Battery

Assault and battery are often charged together, because they may be committed in a single course of action. However, each offense can also be charged separately. For example, if you threw a rock at your neighbor, and your neighbor saw that you were going to throw a rock before it hit them, you would likely be charged with assault and battery. If you only pretended that you were going to throw the rock to scare your neighbor, or if you did throw it, but missed, that would be assault, but not battery. If your neighbor was walking away and did not anticipate you throwing a rock until it hit him from behind, that would be a battery, but not assault.

In misdemeanor battery cases, you could face criminal charges even if the victim was unharmed. Contact that is insulting, offensive, or annoying could be considered misdemeanor battery. For example, pushing someone lightly during an argument or spitting on someone would likely be considered battery. Because you could face multiple types of penalties if you are convicted of a violent crime, you will need to work with an attorney to develop an effective defense strategy. Our lawyer can provide the representation you need in these cases to prevent a criminal conviction.

Aggravating Circumstances in Assault and Battery Cases

There are some circumstances where assault or battery could be elevated to felonies, which may result in harsh mandatory minimum sentencing. You might be charged with a felony if your case involves:

• Injuries to the Victim: If the alleged victim suffered actual bodily harm, you can be charged with a felony. The victim's injuries do not need to have been especially serious. Causing significant bruising is likely enough to support a felony charge.
• A Protected Victim: An assault or battery against a police officer on duty can be charged as a felony. More serious charges will also apply if the alleged victim was a teacher or healthcare worker.
• Domestic Violence: If the alleged victim was a family member or someone you have a domestic relationship with, you might be charged with a more serious misdemeanor.
• Hate Crimes: If the victim was allegedly targeted based on their religion, ethnicity, sex, disability, gender identity, sexual orientation, or national origin, a harsh mandatory minimum sentence of six months may apply.
• Strangulation/Suffocation: Battery offenses involving choking or strangling may result in felony charges if the alleged victim suffered injuries.
• Weapons: You may be charged with the more serious offense of aggravated assault or malicious wounding if you allegedly used a deadly weapon while committing assault or battery. Shooting, stabbing, or otherwise wounding a person with the intent to inflict injuries may lead to Class 3 felony charges. If this led a person to suffer permanent impairments, the alleged offender may be charged with aggravated malicious wounding, which is a Class 2 felony. Pointing a gun at someone or brandishing a firearm in a way that causes someone to fear that they will be shot is a Class 1 misdemeanor offense.

A felony conviction is likely to lead to serious penalties, including a sentence of one year or more in prison. You will need to address the specific charges and build a defense strategy that will help you secure an acquittal or dismissal. Attorney Noorishad can work with you to create an effective strategy, and he will advocate on your behalf during your case, making sure your rights are protected at all times.

Contact Our McLean, VA Assault and Battery Lawyer

At Noorishad Law, P.C., we provide outstanding criminal defense services to people who have been charged with assault or battery. Experienced McLean assault and battery attorney Kaveh Noorishad does everything he can to make the impossible possible in violent crime cases. Contact us at 703-542-4500 to arrange a free consultation and get the legal help you need.