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Morgantown Assault & Battery Attorney
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When you are convicted of assault, it is bound to impact your life negatively, especially when seeking employment in the future. That is why when you are charged with a serious assault crime, the first big step to consider is hiring an experienced attorney who can also offer guaranteed commitment to defend you in the case. You may hire Martinsburg criminal lawyer from Mountaineer Criminal Law Group with 25 years of experience when it comes to handling criminal cases. Assault and battery are two different types of violent crimes that are gradually becoming merged into one. Often, a serious charge of assault and battery occurs when the attack is made using a deadly weapon.
The damages caused in assault and battery cases may be punitive or compensatory. If your loved sustains injuries due to an assault or battery crime, you need to ensure complete protection of your legal rights.
Assault and Battery: What it means according to West Virginia Law
Although the terms assault and battery are used together, they refer to two different criminal offenses occurring in West Virginia. Assault is an attempt to evoke violence or impose severe and violent injury with the potential of executing the violent act. Battery, on the other hand, is an intentional physical act causing physical harm or is humiliating or provoking to a great extent.
Here is an account of different types of assault.
1. Simple Assault
Simple assault is used to cause harm without applying any weapon. Besides, it may also be defined as an act or behavior that threatens someone with physical violence. It is a kind of transgression.
2. Malicious Assault
Malicious assault is a criminal act by someone who attempts to injure, stab, cut, or shoot a person aiming to make another individual disfigured, disabled, or even kill them, and usually involves the use of a deadly weapon.
3. Sexual Assault
Sexual assault, also considered a criminal act, is any kind of assault that is sexual and aims to cause harassment by one person to another person.
Penalties for Assault & Battery in West Virginia
For a simple assault, you may be liable for six months of imprisonment along with a fine of $100. However, the same assault may also lead to 12 months of imprisonment and a $500 fine. The offenders charged with a repeated instance of assault or battery or committing any crime against a government official may lead to more serious consequences. The penalties for such crimes may lead the convicts in jail for about one to three years and affine amount of up to $1000 for a second offense. For a third-time offense, the jail term may range from 2-5 years and a fine amounting to $2000.
When assault or battery crime results from domestic violence, the penalties for repeat offenders may rise. The following domestic assaults are considered criminal acts.
- A minimum jail term of 30-60 days and a maximum term of one year along with $1000 a fine for a second offense
- A minimum of one year in prison and a fine amount of $2500 for a third offense
When faced with assault and artery crime charges, you need to call a local lawyer in West Virginia. For DUI criminal defense, call your Martinsburg DUI lawyer to get assistance. At Mountaineer Criminal Law Group, the experts work to get your charges reduced or even dismissed. Call (304) 381-3656 for a free consultation.
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