Even a simple assault can be punished more severely if the assault occurs against a selected class of person. For example, if the assault resulted in bodily injury and the person who it’s committed against is selected because of their race, religion, color, or national origin, then that’s a classic felony.
The penalty is up to about six months or 30 days of adjournment minimum. There are similar aggravated penalties and mandatory minimums if the assault takes place against persons such as:
Typically in Virginia, simple assault and battery is a class 1 misdemeanor punishable up to 12 months in jail and $2500 fine or a combination thereof. However, if it’s a hate crime assault, such as the cases I just mentioned before, or sometimes if it’s done against a selected class of persons such as police officers or fire fighters, then the crime is escalated to a class 6 felony. If the person is a teacher or a medical person doing their duties, the simple assault remains a class 1 misdemeanor but it carries a significant penalty.
Domestic assault is still an assault because there can be a threat or an unwanted touching. Virginia Code Section 18.2-57.2 covers what we call domestic assault or domestic violence. Also, a family member is a specifically defined term in the code. It is much broader in terms of whether it is actually a blood member of your family. It is important that the person charged tells the attorney the nature of the relationship between the victim and the assailant so that the attorney can make sure that it complies with the Code of Virginia. But there are specific punishments and specific deferral options under the code if someone is charged with assault.
Yet, you can certainly be charged with a number of other types of offenses against a family member including sexual battery offenses but the most common specific domestic violence charge is 18.2-57.2, assault on a family member.
Anytime there is an assault with a clear assailant and victim, the Fauquier County Sheriff’s Office is going to investigate the case thoroughly and provide protection for the victim. One of the basic tenants of law enforcement is to serve and protect.
The protection for victims against potential assailants is a cornerstone of what law enforcement tries to do, not only in Fauquier County but elsewhere throughout Northern Virginia. If there’s a complaint of an assault or a complaint of a domestic violence and there’s an investigation where injuries are discovered, then arrests can be made. These kinds of crimes are investigated and prosecuted very aggressively.
It depends on the nature of the assault and the severity of the injuries. Very often, an assault investigation is very quick because the officers are often called right away, they investigate to find out who is responsible, and likely make an arrest quickly. The reason for a quick arrest for a simple assault charge would be to protect the victim from future harm. If they make the arrest, then they are protecting the victim or future victims from danger.
Assault crimes are prosecuted very aggressively. The Commonwealth Attorney’s office job is to protect the citizenry of Fauquier County. Therefore, if they believe that someone has been assaulted, then they have a duty to prosecute that assailant vigorously in order to protect the victim. The nature of their relationship, the nature of the assault, and the victim’s level of innocence in the assault all vary on a case by case basis.
Northern Virginia Criminal Defense Group
