Although assault is one of the most commonly charged criminal offenses in Virginia, it can still carry harsh consequences for those accused. With this in mind, the following is information on the various short and long term consequences of an assault conviction and why you should do everything in your power to put forth the strongest defense possible. To learn more or discuss what steps to take, call and schedule a consultation with a Fauquier County assault lawyer today.
A simple assault conviction is a class 1 misdemeanor. Domestic assault is a class 1 misdemeanor and includes additional prohibition against the possession of a firearm. This is federal law impacting state law. Other more serious assault charges include unlawful wounding, malicious wounding, or aggravated malicious wounding which are all felony offenses. The specific facts of the case will determine what level the felony is.
If you are convicted of assault, the instant long-term implication is that it is on your criminal record forever. Virginia, unlike some of the other states, does not have an expungement statute for convictions. This means that if someone is convicted of any level of misdemeanor or felony offense, it is on their criminal record forever unless they are pardoned by the Governor. Therefore, the first implication is that they will have a permanent record that will not go away.
The next implication is that their assault conviction can essentially be viewed negatively by employers, background checks, or for subsequent criminal charges in which prosecutors will view their prior history or prior record. So those are some other long term implications.
Short term consequences are potential fines and/or jail time including mandatory or minimum jail time depending on the circumstance of their charge as well as probation. They may also have specific prohibitions against going to certain places or interacting with certain individuals such as the victim of their offenses. There may also be restitution ordered for the cost of property damage or medical bills incurred by the victim.
Assault cases are strictly case-by-case inquiries. No two assault cases are alike. Every case is unique and as a result, it is important for the attorney to understand the exact facts and scenarios of your particular case before giving any type of advice as to what they can promise, what they can tell you will happen and what you should expect.
There are all sorts of variables that will impact your case but won’t impact many other cases, so you want to make sure that the person seeking representation that their case is unique and it will be first such unique case so that nothing is taken for granted.
Northern Virginia Criminal Defense Group
