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In some cases, the prosecutor might try to show intent in this case. The alleged intent will then raise the bar of the case and add a jail sentence if there was proven intent. The evidence obtained is based on race, national origin or religious belief. Otherwise, the prosecutor will try to show that the simple attack was aimed at an official or a government official. If this is the case, there will be serious allegations in the case that could lead to further prison sentences. A simple assault or assault and assault, where a victim is intentionally selected on the basis of race, religious beliefs, sex, disability, gender identity, sexual orientation, color or national origin, remains a Class 1 offense, but requires a minimum of six months in jail with a maximum penalty of 12 months in prison for the hate crime offense. The mandatory minimum penalty is five (5) years in prison if you are guilty of assault, assault or threats to a victim during robbery. These acts are considered crimes under Virginia Code 18:2-58. It specifies that if you make a person fear serious physical harm by presenting a firearm or instrument, you will be punished by imprisonment in a Virginia state prison for more than five (5) years. If the victim was deliberately selected on the basis of race, religion, skin colour or ethnic origin, there is a mandatory sentence of 6 months imprisonment, the first 30 days of which are a mandatory minimum sentence. Mentioning racist slurs before an unprovoked attack is enough to prove a deliberate selection based on hatred.

If the victim was selected based on race, religion, color, or ethnicity and the assault/battery resulted in bodily harm, Virginia law elevates the offense to a Class 6 felony with the same mandatory minimum penalties. C. In Prince William County, as in the rest of Virginia, assault is a misdemeanor in most cases. There may be circumstances in which the assault is elevated to a sixth-class felony, such as, but not limited to, assault charges against law enforcement, judges, or where the victim is selected on the basis of race, religious beliefs, or national origin. Words alone are not an attack, but if there are words and an attempt or effort is made to cause harm or fear to someone else, combined with the ability to do so, then you can be charged and convicted of assault. In Virginia, there are several types of assault offenses, depending on the specifics of the case. A simple conviction for assault against an ordinary citizen is defined as a Class 1 offence. The charge is intensified if the assault is committed against an educator, a doctor, a member of the security forces or is chosen on the basis of religion, race or national origin. Under Virginia Code 18.2-427, you will be found guilty of using profane language, threats, or indecent words on public radio. Immoral acts include; Bullying, coercion or harassment. The case falls under the class 1 crime and the punishment will be exactly like assault.

Penalties for a conviction for common assault include imprisonment, fines, or both. Convicted individuals may also have difficulty obtaining jobs, promotions, security clearances, housing or other benefits because of their persistent criminal record. The first attack and battery charge in Virginia usually does not result in the maximum penalties unless the attack behavior was blatant. Nevertheless, persons accused of a first crime are still subject to criminal conviction, imprisonment, a fine and restitution. The following is from an interview with a personal injury attorney in Arlington. For more details about your case, schedule a free consultation today. Assault and assault are not the same thing, although Virginia law groups and punishes both assault and assault under the same section of the code. Only two people can drop the charges: the prosecutor and the judge. The prosecutor cannot drop the charges through treatment. The power to do this is when the attack was weak enough. In other cases, the prosecutor may drop the charges because he or she has not proven the charges.

This happens when some of the victims cooperate with the prosecutor`s office. The result is sometimes reversed and the alleged victim is accused of filing a false report. If the victim`s eyewitnesses do not remember the events that occurred, the case is dropped. In Arlington and the rest of Virginia, simple assault is an overt act of causing bodily harm to another person, as well as a current capacity to cause such harm, or it is an act intended to cause a person fear or apprehension of physical harm that creates in that person a fear or well-founded fear of harm.

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