Richmond Assault Lawyer

Assault Charge Attorney Cody Villalon Will Protect Your Rights

Assault Charges

When you or someone you love is dealing with an assault charge in Virginia, it is vital to speak with an accomplished Richmond assault lawyer. Facing a criminal charge is one of the most stressful experiences that anyone can have.

If you are convicted, you may face extensive fines and jail time. Because of this, it is vital to consult with a knowledgeable assault charge lawyer in Richmond. Having a legal team on your side will help you to secure a positive outcome in your case.

For accomplished legal representation in Richmond, contact Cody Villalon, Attorney at Law. Although being criminally charged is overwhelming, Attorney Cody Villalon knows how to fight effectively for clients’ rights. Contact Cody Villalon, Attorney at Law, by calling 804.316.0765.

How Our Assault Charge Lawyers Can Help You

Cody Villalon Is an Accomplished Assault Charge Attorney

Following a charge of assault, it is vital to secure the services of a skilled legal professional. The consequences of a criminal conviction can derail your life and cause serious problems moving forward.

When you need an assault charge lawyer in Richmond, contact Cody Villalon. Cody is an accomplished and experienced legal professional. As a solo practitioner, Cody Villalon has a personal stake in the outcome of his clients’ cases.

He knows that anyone charged with a crime deserves a competent legal defense. Those accused of crimes have guaranteed rights according to the law. If you are facing a criminal charge of assault, you deserve to be treated with respect and dignity. Cody Villalon will never pass your case to another lawyer.

When you hire Cody Villalon to represent you, he will guide you through the entire legal process. Those facing a charge of assault on a family member in Virginia should look no further. Cody will handle every element of your assault on family member charge.

Attorney Cody Villalon will manage the following important elements of your criminal defense case:

  • Providing reliable legal advice
  • Negotiating on your behalf
  • Collecting relevant evidence
  • Drafting and filing legal documents
  • Ensuring that all deadlines are met
  • And more.

Cody Villalon will listen carefully as you describe the circumstances of your case. As an accomplished Richmond assault lawyer, Cody will search for any mistakes made by the prosecution or police force. If your case has not been handled properly, you may be able to successfully fight the assault charge. Oftentimes, investigative mistakes are made in laboratory results, errors are found in police reports, or witnesses can be shown to lie.

With a knowledgeable assault charge lawyer in your corner, you will be fully prepared for any court appearances or hearings. This will ensure that you do not say or do anything to harm your prospects.

Understanding Assault and Battery Laws

A Richmond Assault Lawyer Will Fight Tirelessly for You

There are criminal laws in the state of Virginia prohibiting assault and battery. Under the law, the term “assault” refers to an act that intentionally places someone in imminent physical harm. It may also be constituted by offensive contact.

Actions that qualify as “assault” may vary in different jurisdictions. Some potential examples of assault include:

  • Spitting on someone
  • Mimicking the action of punching or kicking someone
  • Wielding a deadly weapon in a threatening way
  • And more.

The law treats “assault” and “battery” as distinct offenses. “Battery” refers to an unlawful application of physical force to someone, resulting in offensive contact or bodily harm.

The primary distinction between “assault” and “battery” is that the latter implies actual physical contact. Assault charges do not necessarily involve physical contact with the victim.

Still, an assault charge implies that the victim reasonably believed that they were in immediate danger. This is true regardless of whether or not a physical injury has happened.

For instance, suppose that someone throws an object at another person with the intent of frightening them. The person who threw the object could face assault charges, even if the other person was not hit.

Instances of battery involve some type of harmful or offensive contact. The contact does not have to result in serious harm or injury to be considered “battery.” For instance, throwing a snowball at someone could potentially qualify as an instance of “battery.” But not every instance of harmful contact counts as battery. To qualify as battery, the perpetrator must have intentionally made contact with the other person. The perpetrator must also have intended to cause offense or harm to the victim.

Virginia Assault and Battery Statutes

The standard assault and battery law is discussed under Virginia Code, section 18.2-57. This statute details the types of actions that count as assault or battery.

When assault or battery is based on ethnicity or religion, it may carry a different type of legal consequence. These types of crimes are detailed under Virginia Code, section 18.2-57(A). This “hate crime” carries a minimum six-month jail sentence.

There are also statutes detailing the consequences for various types of professionals or officials, including:

  • Teachers
  • Health care workers
  • Police officers
  • Other government workers and officials.

Assault and battery of a family member also carries specific consequences under Virginia law. There are additional penalties and punishments that may apply in these domestic violence cases.

Assault-on-family-member charges, also called “domestic assault,” are commonly prosecuted offenses in the state of Virginia. Those who are facing this charge should speak with an assault charge lawyer immediately.

The Virginia justice system takes assault and battery very seriously. Following a conviction, a defendant could face time in jail and heavy monetary fines.

If you are facing an assault charge, a conviction could lead to a significant jail or prison sentence. To consult with a premier assault charge lawyer in Richmond, contact Cody Villalon, Attorney at Law, by calling 804.316.0765.

Drug Defense Lawyer Knows Potential Punishments for Drug Crimes

Penalties Vary According to the Circumstances of the Case

According to Virginia law, possession of any controlled substance without a prescription classified in Schedule I or II of the Drug Control Act are a Class 5 felony and carry the stiffest penalty compared to other schedules of drugs. Possession of any Schedule III through Schedule VI controlled substance is charged as a misdemeanor.

Potential penalties depend on the schedule of controlled substance and whether the crime involves possession, sale or distribution, or manufacturing drugs, as follows:

Possession

  • For Schedule I or II, possession is a Class 5 felony. Penalties include imprisonment of one to 10 years, or jail for up to 12 months and a fine of up to $2,500. If the possession involves simultaneous possession of a firearm on or about the person there is a mandatory 2 year prison sentence.
  • For Schedule III, it is a Class 1 misdemeanor, with jail for up to 12 months and a fine of up to $2,500.
  • For Schedule IV, it is a Class 2 misdemeanor, with jail for up to six months and a fine of up to $1,000.
  • For Schedule V, it is a Class 3 misdemeanor, with a fine of up to $500.
  • For Schedule VI, it is Class 4 misdemeanor with a fine of up to $250.

Intent to Sell or Distribute

  • Schedule I or II is a felony, with five to 40 years in prison and a fine of up to $500,000. For a second conviction, there is the possibility of life imprisonment. A third offense can carry up to life and a mandatory 10-year prison sentence.
  • Intent to sell a schedule I or II substance with a firearm carries a mandatory 5-year prison sentence.
  • Schedules III, IV, or V is a misdemeanor, with jail for up to one year and a fine of up to $2,500.
Cody Villalon knows how these punishments can ruin a person’s life and will do everything possible to build a defense that results in a lesser charge or a dismissal of these charges.

Frequently Asked Questions for an Assault Charge Attorney

What is the difference between civil and criminal assault cases?

Both criminal and civil assault cases use the same definition of “assault.” In both types of cases, there is a legal question about whether the defendant created a reasonable fear of bodily harm.

While both types use the same definition of “assault,” the consequences are very different. In a civil case, the plaintiff must file a complaint through the civil court system and secure their own legal representative. Civil assault cases usually only involve monetary damages for the plaintiff. A civil assault case will not result in prison or jail time for the defendant.

A criminal assault case involves charges brought by the state of Virginia. In these cases, the district attorney or representative of the state brings the case against the accused person. The plaintiff is not required to secure their own private legal representative. Instead, the state files charges against the defendant, and the defendant should hire an attorney.

If you are facing criminal charges of any kind, make sure to reach out to an accomplished assault charge attorney. A criminal conviction has the potential to completely ruin your reputation and prospects.

What are the consequences of an assault conviction in Virginia?

Those who have been convicted of an assault charge will face many long-term consequences.

Even a misdemeanor assault charge is incredibly serious. A misdemeanor conviction can cause a defendant to lose their rights and freedoms.

After any jail or prison sentence has been served, the convict may still experience negative consequences. Those with a criminal record may have difficulty finding employment, securing a new residence, or obtaining financial opportunities. Convicts also face challenges pursuing higher education. If you are convicted of a crime, your reputation and social position may suffer. Many convicts experience damage to their friend and family relationships.

In some assault cases, the judge might sentence a first-time defendant to a period of probation. This makes it possible for the convicted person to serve their sentence without being incarcerated. Probation sentences may require convicts to:

  • Attend anger management classes
  • Attend substance abuse counseling
  • Keep a certain distance from the victim
  • Pay financial restitution to the victim.

To avoid the negative outcomes of a criminal conviction, find the most accomplished assault charge lawyer in the Richmond area. Cody Villalon, Attorney at Law, has the knowledge and dedication that it takes to fight effectively for those accused of crimes.

How is “simple assault” defined?

Unlike aggravated assault, simple assault charges are always classified as misdemeanors.

If the victim was harmed, the injuries from a simple assault are typically minor. For instance, threatening to smack someone would qualify as a case of simple assault. An attack that results in minor cuts or bruising may be classified as a simple assault, as well.

Even though this criminal charge carries less severe penalties, it is vital to take these allegations seriously. To effectively fight this type of accusation, consult with a skilled assault charge lawyer.

What should I do after being arrested for assault?

When you have been arrested on accusations of assault, it is normal to feel frightened and uncertain. Taking the right actions after your arrest can heavily influence the trajectory of your criminal case.

Once you have been arrested, it is best to remain silent. You should never say anything to law enforcement officers before speaking with a skilled assault charge attorney. Police officers may use strategies to persuade you to speak. For instance, they may threaten you with further charges or more severe penalties. Alternatively, the law enforcement personnel might behave in a friendly or jovial way. This is meant to make you relax and provide the information that they want.

It is vital to remain quiet until you can speak with your lawyer. A knowledgeable legal professional will guide you through the process of police questioning. As soon as possible, you should call an attorney to represent you. This will ensure that your rights are respected by law enforcement officers and the prosecutor.

For a reliable criminal defense attorney in Richmond, reach out to Cody Villalon, Attorney at Law.

Defenses for Assault and Battery

There are many possible defense strategies in Virginia assault cases. The best defense will vary depending on the particular facts of the case. Assault cases can range widely in complexity. Some are straightforward, and others are highly complicated. Some of the most common examples of assault and battery defenses include:

Self-Defense

This is one of the most common defenses in response to an assault charge. There are two types of self-defense in Virginia; self-defense without fault and self-defense with fault:
1) Self-defense without fault – reasonable apprehension of imminent bodily harm and the use of a reasonable amount of force to protect oneself.
2) Self-defense with fault- if one is at fault for causing the fight, they must make an attempt to retreat, make it clear the desire for peace, and then use a reasonable amount of force to defend against an imminent threat of harm.

If you acted in self-defense and are being charged with assault, reach out to an attorney as soon as possible. A skilled criminal defense lawyer in Richmond may also be able to prove that you acted in defense of others.

Defense of Property

If your action was in response to a threat to your property, you might be able to successfully defend against an assault charge. This is especially true if the property in question was being invaded or illegally withheld. Individuals may have a legal right to use reasonable force to defend and protect their own property. Many instances of defense of property involve the defendant’s home.

If this describes the circumstances of your situation, Cody Villalon, Attorney at Law, can help.

Why Choose Cody Villalon, Attorney at Law?

Attorney Cody Villalon knows that everyone deserves to have their rights protected. Without a skilled attorney, you may face an unjust criminal conviction for assault.

Cody Villalon boasts a skilled and aggressive approach to criminal defense law. As a result, he fights tirelessly in the best interests of his clients. Do not risk your future. Call Cody Villalon, Attorney at Law, at 804.316.0765.

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    I offer free confidential consultations and am available in Richmond and all surrounding counties. I am willing to make jail visits as well.