Aggressive Criminal & Traffic Attorney

Assault And Battery Lawyer

CRIM

teenager under arrest

 

ASSAULT AND BATTERY LAWYER

As a knowledgeable Assault and Battery Lawyer, Robert L. Lichtenstein, has more than two decades of experience successfully representing clients throughout the state of Virginia. Lichtenstein’s reputation as a straightforward, honest and aggressive attorney is based on numerous successes fighting for the rights of people faced with particularly difficult legal issues, including those who have been arrested for assault.  Criminal assault charges are misdemeanors that just do not go away themselves, and this is why we are here to help. If you are facing criminal assault charges, then you need to contact us today.  We are here to help!
 Please contact Robert L. Lichtenstein, Esquire, an experienced assault and battery attorney, if you or someone you love has been arrested and charged with the offense of Assault and Battery.
Don’t Leave Your Future To Chance!

WHAT IS THE DIFFERENCE BETWEEN ASSAULT AND BATTERY?

 

Under common law, assault is reasonable fear of a pending battery, and battery is hitting someone. Under common law, a person can be charged with assault by threatening to hit someone else. If that threat is perceived to be a clear and present threat, that could be considered assault. In Virginia, assault and battery are tried the same way. Battery is touching someone in a rude and insolent manner, and assault is having the intent to injure someone. An example is if someone is in the lunch line at school and someone else slaps their tray of food out of their hands. They didn’t touch the person, but that can still be considered battery under the law. In Virginia, they are both written under the same statute.

ARE ASSAULT AND BATTERY TWO SEPARATE CHARGES, OR ARE THEY COMBINED?

 

They are combined into one charge because they fall under the same statute, 18.2-57. It is unlikely that anyone would be prosecuted for the threat and the completed act under two separate counts.

 

ASSAULT ON A POLICE OFFICER

 

One commonly charged offense in Virginia is assault and battery of a law enforcement officer. Since a battery is basically any unwanted touching, any time a person resists arrest it is possible that they have also committed assault and battery on the officer. Virginia law makes this a very serious offense.
Under 18.2-57(C), any assault and battery on an officer while they are engaged in official duties is a Class 6 felony, punishable by up to five years in prison. Even more serious, there is a minimum sentence of six months for this offense. This law also applies to other public officers such as fire fighters, emergency services personnel, correction officers, and judges.
In order to be convicted of assault on a police officer, the state must prove that:
  • You committed an assault against the complainant police officer;
  • You knew – or had reason to know at the time of the assault – that the victim was a police or other sworn law enforcement officer; and
  • The police officer was engaged in the performance of official duties at the time of the offense.
Under this statute, assault is defined by the criminal code as an “overt act” that is either intended to do bodily harm to the law enforcement official or put that police officer in fear of imminent bodily harm. The defendant also needs to have “present ability” to cause such harm. This means that in the police officer’s mind, you have the ability to make good on your overt physical threat. If the assault is followed by any physical contact, it can be charged as assault and battery.

 


CAN A THREAT CONSTITUTE AN ASSAULT CHARGE IN VIRGINIA?

 

It can, but it needs to be a very strong threat. If someone says in a sarcastic manner, “I’m going to kick your butt” to another person among a group of friends, that would not count as assault. If someone gets in another person’s face in an aggressive way with their fist raised and they are clearly angry, that would count as assault. There needs to be a very clear and present threat in order for it to constitute an assault.

LAWYERS FOR ASSAULT CHARGES

A conviction for assault or assault and battery can have serious consequences, including time in jail or prison, a fine, and a criminal record. If you are charged with a crime, you should contact an experienced Attorney that handles assault charges, who can tell you the likely outcome of the charge, based on the facts and the whether the judge and prosecutor assigned to your case are inclined to be lenient or harsh. An experienced Assault and Battery Lawyer can help you navigate the criminal justice system and obtain the best outcome for your case.


Assault & Battery Attorney

ASSAULT & BATTERY; (§ 18.2-57)

  1. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
  2. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person is guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
  3. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a magistrate, a law-enforcement officer as defined in subsection F, a correctional officer as defined in § 53.1-1, a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections or an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility, a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice, an employee or other individual who provides control, care, or treatment of sexually violent predators committed to the custody of the Department of Behavioral Health and Developmental Services, a firefighter as defined in § 65.2-102, or a volunteer firefighter or any emergency medical services personnel member who is employed by or is a volunteer of an emergency medical services agency or as a member of a bona fide volunteer fire department or volunteer emergency medical services agency, regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or emergency medical services personnel as employees, engaged in the performance of his public duties anywhere in the Commonwealth, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months. Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
  4. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time employee of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he is guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.
  5. In addition, any person who commits a battery against another knowing or having reason to know that such individual is a health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties as an emergency health care provider in an emergency room of a hospital or clinic or on the premises of any other facility rendering emergency medical care is guilty of a Class 1 misdemeanor. The sentence of such person, upon conviction, shall include a term of confinement of 15 days in jail, two days of which shall be a mandatory minimum term of confinement.
  6. As used in this section: ”Judge” means any justice or judge of a court of record of the Commonwealth including a judge designated under § 17.1-105, a judge under temporary recall under § 17.1-106, or a judge pro tempore under § 17.1-109, any member of the State Corporation Commission, or of the Virginia Workers’ Compensation Commission, and any judge of a district court of the Commonwealth or any substitute judge of such district court. (Effective until July 1, 2018)”Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Department of Alcoholic Beverage Control, conservation police officers appointed pursuant to § 29.1-200, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1. (Effective July 1, 2018)”Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office that is part of or administered by the Commonwealth or any political subdivision thereof who is responsible for the prevention or detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115, any special agent of the Virginia Alcoholic Beverage Control Authority, conservation police officers appointed pursuant to § 29.1-200, full-time sworn members of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217, and any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-10, and such officer also includes jail officers in local and regional correctional facilities, all deputy sheriffs, whether assigned to law-enforcement duties, court services or local jail responsibilities, auxiliary police officers appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, auxiliary deputy sheriffs appointed pursuant to § 15.2-1603, police officers of the Metropolitan Washington Airports Authority pursuant to § 5.1-158, and fire marshals appointed pursuant to § 27-30 when such fire marshals have police powers as set out in §§ 27-34.2 and 27-34.2:1.”School security officer” means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.
  7. “Simple assault” or “assault and battery” shall not be construed to include the use of, by any school security officer or full-time or part-time employee of any public or private elementary or secondary school while acting in the course and scope of his official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control. In determining whether a person was acting within the exceptions provided in this subsection, due deference shall be given to reasonable judgments that were made by a school security officer or full-time or part-time employee of any public or private elementary or secondary school at the time of the event.

 


aaa

Robert L. Lichtenstein, Esquire

222 North Main Street, Suite 300

Post Office Box 1447

Hopewell, VA 23860

(804) 452-5424

FREE CONSULTATIONS – PAYMENT PLANS – MAJOR CREDIT CARDS ACCEPTED

 


Best Lawyer

Thanks a lot for all you have done. I really appreciated it all. Y'all are the best.

T. Kruger

5.0
2016-07-12T09:54:16+00:00

T. Kruger

Thanks a lot for all you have done. I really appreciated it all. Y'all are the best.

Thank you so much!

We really appreciate everything that you did for our child.  We couldn't have asked for anything more.

C. Daughtery

5.0
2015-08-04T13:37:53+00:00

C. Daughtery

We really appreciate everything that you did for our child.  We couldn't have asked for anything more.

Thanks

Thanks for freeing my dad!!!

- Chelsea

5.0
2016-07-12T09:55:11+00:00

- Chelsea

Thanks for freeing my dad!!!

Vindication

I was ticketed for an accident that I didn't even cause. My insurance company paid for the other vehicle, but I was given a ticket to appear in court. I had never been in trouble before, and I was extremely nervous.  Robert appeared in court with me and I was finally able to get vindication, as the accident was not my fault. Thank you so much.

S. Pegram

5.0
2015-07-15T17:24:32+00:00

S. Pegram

I was ticketed for an accident that I didn't even cause.

Thanks.

C. Smith

5.0
2016-07-08T10:48:31+00:00

C. Smith

5 Stars!

M. Jennings

5.0
2016-07-08T10:46:24+00:00

M. Jennings

Great Lawyer

Robert is a great lawyer. He listens and more importantly understands your unique situation which enables him to provide the best legal assistance for your particular need. Thanks again Robert. What a Great service you provided me.

M. Taggart

5.0
2016-07-08T10:43:09+00:00

M. Taggart

Robert is a great lawyer. He listens and more importantly understands your unique situation which enables him to provide the best legal assistance for your particular need. Thanks again Robert. What a Great service you provided me.

Gracious!

My family, friends, and I thank you for your outstanding legal service!

A. Lichtman

5.0
2016-07-08T10:47:50+00:00

A. Lichtman

My family, friends, and I thank you for your outstanding legal service!

Awesome Customer Service

Awesome customer service... I live out of state and this office treated me like family. They were up front , honest and helped me understand the situation with my tickets and spoke on my behalf when contacting the courthouse. I was trying to deal with things last minute and could've been taken advantage of due to not understanding VA law or court process yet I was given honest council and advice .

R. Clark

5.0
2016-07-05T13:24:28+00:00

R. Clark

Awesome customer service... I live out of state and this office treated me like family. They were up front , honest and helped me understand the situation with my tickets and spoke on my behalf when contacting the courthouse. I was trying to deal with things last minute and could've been taken advantage of due to not understanding VA law or court process yet I was given honest council and advice .

Great Result!

"Great Result and all I had to do was get you a copy of my driving record! Thank you."

T. Barncroft

5.0
2015-07-15T17:07:54+00:00

T. Barncroft

"Great Result and all I had to do was get you a copy of my driving record! Thank you."

My Attorney for Life

I have a lead foot and I found myself with a ticket and facing unknown fines and costs. Robert went to court with me and saved me money and headaches... Thank you Lich

C. Pegram

5.0
2015-07-15T17:17:27+00:00

C. Pegram

I have a lead foot and I found myself with a ticket and facing unknown fines and costs. Robert went to court with me and saved me money and headaches... Thank you Lich

Wonderful Experience

You guys were great! Not only did you get my ticket taken care of wonderfully, you treated me like a life long friend and not just a client or a number. Thank you again!

C. Scroggins

5.0
2015-07-15T17:15:09+00:00

C. Scroggins

You guys were great! Not only did you get my ticket taken care of wonderfully, you treated me like a life long friend and not just a client or a number. Thank you again!

Couldn’t Be Happier

Living in New Hampshire I was nervous about finding an attorney in Virginia. I attempted to contact several attorneys before talking to Chris in this office. He took time with me and reminded me of my grandson. After speaking with this office, my nervousness and fears were diminished and Robert got my traffic matter handled without my appearance. I am very appreciative. When you call ask for Chris, he was great with me. Blessings to your firm from New Hampshire.

W. Royster

5.0
2015-07-15T17:11:44+00:00

W. Royster

Living in New Hampshire I was nervous about finding an attorney in Virginia. I attempted to contact several attorneys before talking to Chris in this office. He took time with me and reminded me of my grandson. After speaking with this office, my nervousness and fears were diminished and Robert got my traffic matter handled without my appearance. I am very appreciative. When you call ask for Chris, he was great with me. Blessings to your firm from New Hampshire.

My Future

Thank you so much for your assistance with this matter. Most importantly thank you for caring about my future. Without your representation I woul dnever have received such a favorable result.  Your representation was excellent.

E. Daugherty

5.0
2015-08-05T14:15:55+00:00

E. Daugherty

Thank you so much for your assistance with this matter. Most importantly thank you for caring about my future. Without your representation I woul dnever have received such a favorable result.  Your representation was excellent.

Works Hard

Great attorney. He will work hard for you.

S. Readmond

5.0
2016-07-08T10:44:13+00:00

S. Readmond

Great attorney. He will work hard for you.

Great Job!

W. Crusan

5.0
2016-07-08T10:49:45+00:00

W. Crusan

Kept My CDL

As a truck driver with a CDL, I chose Robert LIchtenstein because he valued my CDL as much as I did. He went to bat for me and not only did he exceed my expectations, but he gained a client for life. Thank you so much!

A. Gilliam

5.0
2015-07-15T17:13:08+00:00

A. Gilliam

As a truck driver with a CDL, I chose Robert LIchtenstein because he valued my CDL as much as I did. He went to bat for me and not only did he exceed my expectations, but he gained a client for life. Thank you so much!

The Best.

A. Church

5.0
2016-07-08T10:49:14+00:00

A. Church

Great Character

Thank you! I appreciate everything you did for me.

J. Freeman

5.0
2016-07-08T10:45:33+00:00

J. Freeman

Thank you! I appreciate everything you did for me.

Very Professional

Mr. Lichtenstein is very professional with his client, he keeps contact with you and best of all he WINS your case! If I ever need him again (Praying I wont) I will call on him, and recommend him to others!

S. Trexler

5.0
2015-07-15T17:21:09+00:00

S. Trexler

Mr. Lichtenstein is very professional with his client, he keeps contact with you and best of all he WINS your case! If I ever need him again (Praying I wont) I will call on him, and recommend him to others!

The Best!

I had enough to worry about before my military deployment and thank you so much for getting my ticket taken care of without my appearance. I was worried that I was going to have to drive up from NC, but you took care of it without my appearance and helped alleviate some of my worries. If I need anyone in the future, I know where to go.

G. Rodriguez

5.0
2015-07-15T17:14:07+00:00

G. Rodriguez

I had enough to worry about before my military deployment and thank you so much for getting my ticket taken care of without my appearance. I was worried that I was going to have to drive up from NC, but you took care of it without my appearance and helped alleviate some of my worries. If I need anyone in the future, I know where to go.

Honored

We are honored to have your represent our son!

A. Conover

5.0
2015-08-04T13:39:01+00:00

A. Conover

We are honored to have your represent our son!
5.0
22