CONTACT US AT 703.542.4500
Many people use the terms "assault" and "battery" interchangeably. Most often, the two charges go together, in that assault is the threat or intent to cause bodily harm and battery is the actual contact. No matter what your charge, a conviction can have lasting effects on your ability to find a new job or even rent an apartment.
Assault & Battery is classified as a Class 1 Misdemeanor in Virginia. This means that, if convicted, the punishment can include up to 12 months in jail and a $2,500.00 fine. A criminal conviction carries severe penalties, and you need an attorney who has the experience necessary to protect your rights and freedoms. As an assault and battery defense law firm, we have the experience necessary to shield you from the full force of the criminal justice system. We understand the serious consequences you face if you are convicted of a crime. It is our goal to limit your exposure to these penalties no matter how complex your charge.
Penalty Enhancements for specific Assault & Battery Crimes
Certain enhancements can affect the severity of the penalties. For example, if an individual intentionally commits assault and battery against a person because of that person's race, religious conviction, color or national origin, the offender will be guilty of a Class 6 felony. The penalty upon conviction will include a term of confinement of at least six months — 30 days of which shall be a mandatory minimum term of confinement. Enhancements also can be made when the assault is against a judge, law enforcement officer, teacher or health care provider.
First Offender Program for Domestic Violence Assault & Battery Charges
Some counties in Northern Virginia allow a defendant who is charged with a first time assault & battery related offense to have the charges dismissed if the defendant complies with certain requirements. These requirements generally may include the following:
Why Should I Consider Not Taking Advantage of the First Offender Program for a Domestic Assault & Battery Charge?
The First Offender Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the First Offender program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
What should I do if I am charged with Assault & Battery or Domestic Violence?
Assault & Battery and Domestic Violence are each very serious offenses and will likely make getting a job, security clearance, and other goals far more difficult to accomplish. It is critical that you have legal representation from the outset of the process. Please contact us today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
Assault & Battery is classified as a Class 1 Misdemeanor in Virginia. This means that, if convicted, the punishment can include up to 12 months in jail and a $2,500.00 fine. A criminal conviction carries severe penalties, and you need an attorney who has the experience necessary to protect your rights and freedoms. As an assault and battery defense law firm, we have the experience necessary to shield you from the full force of the criminal justice system. We understand the serious consequences you face if you are convicted of a crime. It is our goal to limit your exposure to these penalties no matter how complex your charge.
Penalty Enhancements for specific Assault & Battery Crimes
Certain enhancements can affect the severity of the penalties. For example, if an individual intentionally commits assault and battery against a person because of that person's race, religious conviction, color or national origin, the offender will be guilty of a Class 6 felony. The penalty upon conviction will include a term of confinement of at least six months — 30 days of which shall be a mandatory minimum term of confinement. Enhancements also can be made when the assault is against a judge, law enforcement officer, teacher or health care provider.
First Offender Program for Domestic Violence Assault & Battery Charges
Some counties in Northern Virginia allow a defendant who is charged with a first time assault & battery related offense to have the charges dismissed if the defendant complies with certain requirements. These requirements generally may include the following:
- Defendant was an adult at the time of the alleged incident giving rise to the charges;
- Defendant has never enrolled in the First Offender program for a violent crime-related offense or been found guilty of any such offense;
- Defendant pleads guilty, no contest, or facts sufficient for a finding of guilt for assault & battery;
- Defendant enrolls in and complete specific classes and/or therapy related to anger management and/or domestic violence;
- Defendant may need to complete a certain number of hours of community service;
- Defendant must comply with all conditions of probation ;
- Defendant must pay for court costs, education classes, and/or therapy as required by the Court; and
- Defendant must be of general good behavior for a period of at least one year with no violations of law during this period of time.
Why Should I Consider Not Taking Advantage of the First Offender Program for a Domestic Assault & Battery Charge?
The First Offender Program is a great program for defendants to take advantage of if they know they would be found guilty of the offense. In order to know whether to take the First Offender program, it is important to speak with an attorney as taking this route may not always be the best result for your particular circumstances. For example, you should probably not enroll in the program if:
- You are not guilty of the offense: You will need to speak with an attorney before reaching this conclusion as there may be potential suppression defenses or other technical legal defenses which you may not be aware of which may help you win your case.
- Severe immigration consequences: If you are not a United States citizen, it is extremely important to speak with an attorney before entering into the First Offender program as entry into the program may be viewed as a guilty plea for purposes of immigration and may subject you to deportation or removal proceedings.
- You do not have time to complete community service / the domestic violence program / mental health evaluation / etc...: You may work a full-time job, have children, care for elderly parents, or other time commitments which prevent you from being able to complete the necessary program(s) and/or community service which may be part of the agreed deferred disposition. If this is the case, please contact us when considering whether you should enter into the First Offender program.
- You cannot successfully complete probation: You may be screened for alcohol and drugs during the period of probation. If you do not believe you can remain drug and alcohol free, then you will likely be found in violation of your probation and will ultimately be found guilty and possibly serve jail time without ever having a trial to determine guilt or innocence. Further, you must not have any violations of law during the period of your probation. Please be sure to make an honest assessment of your ability to complete probation before entering into the program and contact us if you have any questions or concerns.
- You are already on probation for another charge: By entering into the First Offender program, you may be violating the terms of your probation which could cause you be charged with a separate probation violation charge.
What should I do if I am charged with Assault & Battery or Domestic Violence?
Assault & Battery and Domestic Violence are each very serious offenses and will likely make getting a job, security clearance, and other goals far more difficult to accomplish. It is critical that you have legal representation from the outset of the process. Please contact us today at 703-542-4500 to schedule an appointment with Mr. Noorishad to discuss your particular case and potential defenses you may have in fighting your charges.
