Fairmont Assault Lawyer

Fairmont Assault Attorney

One of the most serious crimes someone can commit against another person is an act of violence. Whether as the result of a premeditated crime or an unexpected brawl, assault charges can lead to serious consequences in court. Anyone who has been charged with physically harming another person can rely on a Fairmont assault lawyer to defend them in court.

Residents in Fairmont know they can trust Crowe Law, LLC when it comes to fighting criminal charges in West Virginia. Our law firm’s reputation is synonymous with client-first legal representation. We always keep our clients updated on their cases and our founding attorney is not intimidated by prosecutors or their tactics.

Why Choose Crowe Law, LLC?

In West Virginia, being accused of assault or domestic violence can have devastating effects on your reputation, both personally and professionally. Having skilled legal representation is essential to address these serious charges and ensure your voice is heard.

At Crowe Law, LLC, our founding attorney combines academic knowledge with practical experience. We are dedicated to providing compassionate and effective defense in domestic violence cases, focusing on your rights and striving for the most optimal resolution possible. We recognize the anxiety these allegations can create and are committed to achieving a favorable outcome for you.

Understanding the Difference Between Assault and Battery

Although battery and assault are sometimes used interchangeably, they are distinct crimes under West Virginia’s criminal laws. Battery is a form of physical contact that leads to physical injury, while assault can be charged when there is the threat of causing injury or an attempt to harm someone.

While only a physical attack can be charged as battery, assault has a broader definition. Both crimes are serious criminal charges that can result in jail and heavy fines, even for first-time offenders. Anyone facing battery or assault charges should hire legal counsel to protect them from the most serious criminal penalties under the law.

Penalties for Assault

Violent acts are classified into three main categories in West Virginia. Felony assault refers to crimes where someone maliciously injures another person. The penalty following a conviction for this crime can lead to two to ten years in a state correctional facility. If the assault is deemed unlawful but not malicious, the punishment can be one to five years in prison and a fine of up to $500.

There are two misdemeanor charges for assault and battery. Misdemeanor assault refers to any attempt to commit violence or violent acts. A conviction can result in six months in jail.

Misdemeanor battery, which includes provoking or causing physical harm, can lead to 12 months in jail. Any battery or assault crime in West Virginia can result in heavier penalties when there are aggravating factors involved, such as prior convictions or past domestic violence offenses.

Criminal Defense Strategies Against Assault Charges

If the prosecution does not have credible evidence that you committed assault, your attorney can push to have the courts drop your charges. Eyewitness testimony can be very unreliable, especially when the victim does not know the assailant. Your criminal defense attorney can look for inconsistencies in witness statements as part of your defense.

Self-defense is another effective defense strategy. In West Virginia, you have the right to defend yourself if you believe you are in imminent danger. The response must be proportional to the perceived threat. If your attorney can demonstrate that the victim was engaging in provocative or intimidating acts leading up to the altercation, this could greatly weaken the prosecution’s case against you.

Criminal intent plays a significant role in assault and battery charges. If you did not intend to harm the other person, that could show that you did not act with criminal intent. An accident or misunderstanding may be the reason behind the incident rather than an overt attempt to harm someone else.

FAQs

What Does an Assault Charge Mean in West Virginia?

An assault charge occurs when a person unlawfully attempts to cause injury to someone else or commits an act that makes the other person fearful that they are about to suffer a violent injury. In essence, assault is about the threat or attempt to harm rather than actual physical contact. It is typically classified as a misdemeanor and can lead to up to 6 months in jail.

What Is the Most Common Defense for Assault Charges?

One of the most common defenses for assault charges in Fairmont, WV is self-defense. This legal argument asserts that the defendant acted to protect themself from an imminent threat of harm. The defendant must demonstrate that they faced an immediate threat of physical harm. The response to the threat must be proportional. For instance, using reasonable force to prevent harm is permissible, but excessive force may not be justified.

What Is Unlawful Assault in West Virginia?

Unlawful assault occurs when someone intentionally harms another person. It could be by cutting, stabbing, or punching, with the intent of harming or killing them. Upon conviction, they could face a prison sentence of two to ten years. If the harm is done unlawfully but without malice, they can still face a felony charge and may be sentenced to one to five years in prison or up to 12 months in jail.

What Is the Difference Between Assault and Battery in West Virginia?

Assault and battery are related but distinct crimes. For someone to commit battery, there must be physical contact. Assault can occur even when there is no physical contact, but the threat of force is used. Assault involves the use of threats and acts that make the victim believe their life is in jeopardy.

Schedule Your Fairmont Assault Consultation Today

Assault and battery are serious crimes that require legal representation. Even first-time offenders can face jail or prison time upon conviction. Crowe Law, LLC understands the state’s assault and battery laws.

Our founding attorney can gather evidence that supports your innocence or provides grounds for seeking leniency in your case. We never settle for anything short of a favorable resolution to our client’s cases. To schedule your consultation, contact our office today.