Understanding the Difference between Simple and Aggravated Assault in Virginia

July 4, 2023

Understanding The Difference Between Simple And Aggravated Assault In Virginia

Assault is considered as a crime in Virginia, and its penalties can range from minor charges to severe punishments, depending on the nature of the offense. However, not all assaults are considered the same, as Virginia law distinguishes between two types of assault charges: simple and aggravated. Understanding the difference between these charges is crucial if you’re facing an assault charge. It is wise to seek immediate legal assistance from an experienced criminal defense attorney, like Cheryl Eddy Benn, P.C., to help you navigate the complex legal process. 


Simple Assault


Simple assault is the less serious of the two charges, and it typically involves an act of violence that causes minor injuries to the victim, like scratches or bruises. An example of a simple assault would be a bar fight that results in minor injuries. Simple assault is classified as a Class 1 misdemeanor, and it carries a potential sentence of up to twelve months in jail and fines of up to $2,500.


Aggravated Assault


On the other hand, aggravated assault is a more serious charge that involves an act of violence that causes severe injuries or involves deadly weapons. Unlike simple assault, an aggravated assault charge is considered as a felony and can carry harsher penalties. Examples of an aggravated assault crime could be a vicious attack with a knife, gun, or other dangerous weapons. It could also be a battery committed with an intention to do serious harm. Aggravated assault is further divided into additional categories like domestic assault, assault on law enforcement officials, or elderly people. 


Penalties Of Aggravated Assault


The penalties for an aggravated assault charge in Virginia can vary based on the circumstances, but they could include a prison sentence of up to 20 years, hefty fines, and a criminal record. Additionally, you may also face subsequent challenges, such as difficulty finding employment or housing and loss of voting rights. Hence, hiring an experienced criminal defense attorney is crucial to defending your rights and protecting your future.


Defenses For Assault Charges In Virginia


One of the essential reasons why you need a criminal defense attorney is to fight your assault charge and avoid detrimental consequences. Some possible defenses that an experienced attorney may use include self-defense, defense of property, lack of intent, or misidentification of the defendant. Defending an assault charge can be complicated. Therefore, it is crucial to contact an attorney, like Cheryl Eddy Benn P.C., who has the experience and the knowledge of Virginia assault law to build the best possible defense for your case.


An assault charge, simple or aggravated, can ruin your future. It can cause significant damage to your reputation, career opportunities and qualify for higher education programs. That is why it’s crucial to understand the difference between simple and aggravated assault, as well as the regulations that apply in Virginia. If you or your loved one has been charged with assault, do not hesitate to seek immediate legal representation from a skilled criminal defense attorney who can provide you with the guidance and support you need to protect your rights. Contact the law office of Cheryl Eddy Benn, P.C. today for your initial consultation and let us help you navigate through the court system with confidence.

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