It can be difficult to defend yourself against violent crime charges. These crimes include murder, assault, aggravated assault, certain sexual offenses (including forcible rape and sexual battery), and robbery. At Sunshine Law Group, we have extensive experience handling violent crime cases of all kinds. We’ll thoroughly examine all the relevant aspects of your case and work hard to keep you out of jail, reduce your sentence, or negotiate lighter penalties.
During your consultation, our team will meet with you to discuss your perspective of your alleged offense and help you decide how to move forward with your case. Based on what we learn, we’ll craft a personalized legal strategy to effectively guide you toward a case resolution. We can help you challenge the evidence that could be used against you, identify any procedural defense options, represent you in hearings, and assist you with any appeals (if necessary).
The Difference Between Assault and Aggravated Assault in Virginia
Under Virginia law, assault refers to an attack against another person to cause injury. Unless they’re facing these charges themselves, most people don’t realize that you can be charged with assault even if you don’t physically harm the other person. The reason for this is because the court will strongly consider your intent for engaging in the potentially harmful act. That being said, intent can be subjective and hard to prove. A skilled lawyer can help you contest the intent of your alleged actions. If successful, your case may be reclassified altogether.
Assault differs from aggravated assault because the latter involves using, or threatening to use, a weapon. Whereas assault is considered a Class 1 misdemeanor, which can carry sentences of up to 12 months and fines of up to $2,500, aggravated assault is a felony offense. Aggravated assault can carry up to 5 year sentences, and even longer if circumstances lead to enhanced charges.
Potential factors that could lead to enhanced charges include:
Causing serious injuries (unlawful and malicious wounding)
Domestic battery
Assault involving a minor
Assault motivated by discrimination (hate crime)
Assault against a public official or public servant
Other Violent Crimes
Legal penalties vary for all violent crimes. For example, second-degree murder carries a minimum sentence of 5 years in prison, while first-degree charges carry a minimum sentence of 20 years. Although it is not common, the maximum legal penalty for murder (capital murder) is life in prison or capital punishment. In the case of robbery, your charges can vary depending on whether you used a weapon or deadly force to commit the crime. Typically, the use of a weapon would result in first-degree felony charges.
Being arrested or charged with an assaultive or violent offense is not the same thing as being found guilty. Whether it’s securing lesser charges (such as accidental injury charges), negotiating lighter sentences, or fighting for a case dismissal, Sunshine Law Group can help you pursue an optimal outcome for your circumstances. Our founder and Newport News violent crime lawyer, Attorney Chad S. Roberts, has dedicated his career to criminal law. For several years he served as a prosecutor and now he wants to use the knowledge and skills he gained to help Virginians fight their charges.
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