Northern Virginia Violent Crimes Defense Attorney
If you have been charged with assault and battery in Fairfax County, Prince William County, or another County or City in Northern Virginia, it is very important that you seek representation from an experienced criminal defense attorney to ensure that your rights are effectively protected. In recent years, law enforcement in Northern Virginia has stepped up investigation of assault offenses, including domestic assault and battery cases. Moreover, the Commonwealth of Virginia has increased penalties for assault convictions.
Given the seriousness of assault & battery crimes, anyone charged with any form of assault or battery (under Va. Code 18.2-57 or 18.2-57.2) needs to consult with a lawyer that has previously handled such cases. The loss of freedom and other consequences from such a conviction can be significant. Given what is at stake, you must be sure that any attorney you hire has the judgment, skill, and reputation to obtain the best possible resolution of the matter.
Manikas Law LLC will ensure that he charges against you are fully investigated and all evidence is obtained and marshaled in your favor. As a former prosecutor in the largest jurisdiction in Virginia, Kyle G. Manikas has handled hundreds of cases involving assault and battery, domestic violence, malicious and unlawful wounding, and homicide. In these cases, witness testimony is crucial. Witness accounts and evidence from third parties that can aid in your defense must be obtained before such evidence is destroyed or lost, or memories fade. Our firm will perform a sound analysis of all evidence and provide essential trial strategies to present you with the best possible defense.
While there are many defense lawyers, there are only a handful of defense attorneys with the skills and trial experience to handle your case. Who you hire could be one of the most important life decisions you make.
To discuss your case with Kyle G. Manikas, a former prosecutor and Fairfax County and Northern Virginia assault and battery criminal defense lawyer that has handled hundreds of assault & battery cases, or to schedule a free consultation, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
Domestic Assault and Battery
In addition to handling general assault and battery matters, Manikas Law LLC represents clients in Fairfax County and Northern Virginia domestic assault and battery, or domestic violence cases (under Va. Code 18.2-57.2). A guilty plea or conviction in a domestic assault and/or battery matter can adversely affect child support or child custody orders, and can have immigration consequences. We work to help our clients understand how their lives may be affected, how we can work to minimize the impact that assault and battery charges have on their lives, and how the case can be defended.
If you are facing domestic assault and/or battery charges, do not hesitate to contact a former prosecutor and experienced Fairfax County and Northern Virginia domestic assault and battery criminal defense attorney at Manikas Law LLC. During your initial consultation, you can learn more about your rights and options for pursuing an end to the case.
A domestic assault and battery can only be committed against a "family or household member." This is defined to include a spouse, former spouse, parents, stepparents, children, stepchildren, siblings (brothers or sisters), half-siblings, grandparents and grandchildren, in-laws that reside with the accused, a person that cohabits (lives) with the accused or did within the past 12 months and any children of either of them living with the accused. If a domestic assault and battery is charged and the victim is someone other than the type of person specified by the statute, the charge is improper.
Penalty for Domestic Assault & Battery (18.2-57.2) - a first offense domestic assault and battery is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. However, it is possible in certain circumstances to obtain a deferred disposition under Va. Code 18.2-57.3 for a first offense domestic battery (not available for regular assault and battery). This is normally a matter of negotiation between a defense attorney and a prosecutor. If the assault is particularly bad, the prosecutor will not likely be willing to agree to such a resolution; however, the judge may still be willing to order such a disposition if the proper sentencing argument is made. A third offense committed within 20 years is a class 5 felony punishable by up to 5 years in prison and a $2,500 fine.
Assault & Battery on a Police Officer or Firefighter
An assault and battery committed on a law enforcement officer, correctional officer, or a firefighter elevates the offense from a regular Class 1 misdemeanor assault and battery to a felony offense - a Class 5 felony punishable by up to 5 years in prison and with a mandatory minimum jail sentence of 6 months. This mandatory minimum sentence cannot be suspended by the judge and 100% of the mandatory minimum sentence must be served if one is convicted of this form of assault and battery. However, the sentence can be much longer than the 6 month mandatory minimum.
In order to secure a conviction for assaulting a police officer, correctional officer, or firefighter, the prosecutor must prove a regular assault, that the victim was a police officer, correctional officer, or firefighter, and that the accused knew or had reason to know of this fact. However, it must be noted that one who is being unlawfully arrested has the legal right to resist and the Virginia Code preserves this right. Thus, one who is being unlawfully arrested has the common law right to use reasonable force to avoid the arrest. Similarly, one who is being lawfully arrested with excessive force has the right to resist. These factors must be explored as possible defenses to charges of assaulting a police officer, sheriff deputy, or state trooper. However, one who is being lawfully arrested without excessive force has no right to resist.
Other Assault & Battery Offenses
•· Disorderly Conduct (18.2-415) - Disorderly conduct is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine. Disorderly conduct is committed if someone "engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed." This is referred to as disorderly conduct and is often charged in Fairfax County, Prince William County, and other jurisdictions in Northern Virginia. The charge is often accompanied by a charge of Drunk in Public or "DIP."
•· Assault & Battery on a School Teacher - Assault and battery on a school teacher is similar to regular assault and battery, but if the victim is a teacher and the accused knows this or has reason to know this, the penalty is enhanced to include a 15 day mandatory minimum jail sentence. If a weapon is used, there is a 6 month mandatory minimum jail sentence. However, the offense remains a Class1 misdemeanor.
•· Assault & Battery by Mob (Va. Code 18.2-42) - Any and every person composing a mob which commits a simple assault or an assault and battery is guilty of a Class 1 misdemeanor. A Class 1 misdemeanor is punishable by up to 12 months in jail and a $2,500 fine. It is important to note that to be convicted of this crime one need not actually be the one that committed the assault and battery - it is only necessary that the accused "assembled for the purpose and with the intention of committing an assault or a battery."
•· Acts of Violence by Mob (Va. Code 18.2-42.1)- This is an offense similar to assault and battery by mob and provides that any and every person composing a mob which commits an act of violence (as defined in Va. Code 19.2-297.1) is guilty of that act of violence and, upon conviction, shall be punished as provided in the section which makes that act of violence unlawful. Therefore, there is a range of punishment for this crime as it can be both a felony and a misdemeanor.
•· Assault & Battery on a Probation/Parole Officer - Any assault and battery on a probation or parole officer while such person is in the performance of their duties is a Class 5 felony, punishable by up to 10 years in prison and a $2,500 fine.
•· Reckless Endangerment (18.2-51.3) - This offense is a Class 6 felony punishable by up to 5 years in prison. This crime, which is similar to an attempted battery, occurs when a person throws an object off a building more than one story off the ground with the intent to cause injury. There is no requirement that an injury actually occur.
•· Assault by Firearm (18.2-282) - This crime occurs when someone brandishes, points, holds, or takes other action that induces fear with a firearm or an object that appears to be a firearm. This crime is a Class 1 misdemeanor punishable by up to 12 months in jail, unless it occurs within 1,000 feet of a school, then it is a Class 6 felony punishable by up 5 years in prison.
•· Hazing a Student (18.2-56) - Hazing is a Class 1 misdemeanor punishable by up to 12 months in jail. The statute provides that, "'hazing' means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity."
Defenses to Assault & Battery
Most touchings are consensual and consent is a defense to assault & battery. Public authority is also a defense to assault and battery, such as the public authority a police officer has to make a lawful arrest. However, the most common defense against assault and battery is self-defense. A person, exercising self-defense, may use force, in an amount reasonably consistent with the force that is being applied or threatened. One can exercise this force to defend himself or other people. However, the amount of force used in self-defense must be in proportion to the level of the threat or assault being defended against. Furthermore, one can use reasonable force to recover or defend property. However, the use of deadly force is never permissible to defend or recover property. Also, it is important to note that provocation by words alone, no matter how insulting, will not justify a battery.
Contact An Experienced Fairfax County and Northern virginia Assault & Battery Criminal Defense Attorney
If you have been arrested for any form of assault and battery in Fairfax County or Northern Virginia, contact a former prosecutor and experienced criminal defense lawyer at Manikas Law LLC. Kyle G. Manikas has handled hundreds of assault and battery cases.
To schedule a free consultation or to discuss your case by phone, contact our law office at 703-873-7473 or 888-503-8075, or contact us bye-mail.
For more general information about assault offenses, review our Violent Crimes, Malicious Wounding, and Homicide pages for additional information.
