Weirton Assault & Battery Attorney

Relying on Extensive Experience in Criminal Defense

Being convicted of an assault charge can severely impact your future, especially when you are searching for new employment opportunities. Because the consequences are so severe, your very first step after being accused of a serious violent crime should be securing a dedicated legal professional who will vigorously defend your case. At the Mountaineer Criminal Law Group, our team brings over 25 years of hands-on experience in managing complex criminal cases throughout West Virginia. While assault and battery are technically two distinct violent offenses under the law, they are frequently grouped together. Often, the most severe allegations arise when an altercation involves the use of a deadly weapon.

The damages awarded in these types of cases can be either compensatory or punitive. If someone you love has suffered injuries as a result of a violent altercation, it is crucial to ensure your legal rights remain fully protected. To navigate this complex legal landscape, you need a skilled Weirton criminal lawyer who understands the local courts.

Assault and Battery: Definitions Under West Virginia Law

Even though people frequently use the terms assault and battery interchangeably, they actually represent two separate criminal offenses within the state of West Virginia. Essentially, an assault is an attempt to commit violence or inflict severe injury, coupled with the immediate ability to carry out that threat. Conversely, battery involves the actual intentional physical contact that results in harm, or an act that is highly provoking and humiliating to the victim.

Here is a breakdown of the different types of these offenses you might encounter in Hancock County or the surrounding areas, where consulting a Weirton DUI attorney becomes vital.

Simple Assault

A simple assault charge involves attempting to cause bodily harm without the use of a deadly weapon. Furthermore, it can be defined as engaging in behavior that places another person in fear of imminent physical violence. It is generally classified as a misdemeanor transgression.

Malicious Assault

Malicious assault is a much more severe criminal offense. It occurs when a person attempts to shoot, cut, stab, or otherwise injure someone with the specific intent to kill, disable, or disfigure them. This crime typically involves the brandishing or application of a deadly weapon.

Sexual Assault

Sexual assault is also a very serious criminal act. It encompasses any type of unwanted sexual contact or behavior aimed at harassing, violating, or harming another individual. If you face any of these allegations, speaking to a knowledgeable Weirton criminal lawyer is imperative to protect your rights.

Penalties for Assault & Battery in West Virginia

If convicted of a simple assault, you could face up to six months of incarceration in jail and a fine of $100. However, depending on the circumstances, battery can lead to up to 12 months in jail and a fine of $500. Individuals who are repeat offenders, or those who commit these crimes against government officials, will face significantly harsher consequences. For a second offense against certain protected classes, convicts may spend one to three years in prison and pay fines up to $1,000. For a third-time offense, the prison sentence can range from 2 to 5 years, alongside a fine amounting to $2,000.

When these crimes are classified as domestic violence, penalties for repeat offenders escalate rapidly. The following domestic offenses carry strict mandatory minimums:

• A minimum jail sentence of 30 to 60 days, up to a maximum of one year, plus a $1,000 fine for a second offense.
• A minimum of one year in prison and a fine of $2,500 for a third offense.

Whenever you are confronted with these serious criminal charges, you must immediately contact a local legal professional in West Virginia. Whether you need a defense for violent crimes or require a Weirton DUI attorney for driving offenses, our team is here to assist you. At the Mountaineer Criminal Law Group, our legal experts work tirelessly to get your charges reduced or completely dismissed. Call (304) 832-8350 today for a free consultation.