What to Expect from an Assault Case in Culpeper
Assault and battery is a very serious charge. Anytime someone is charged with assault and battery, or anytime there has been actual physical violence, there is a real risk of incarceration. It is a class 1 misdemeanor in Culpeper, VA, so the potential penalties are up to a year of jail and a $2,500 fine. As an experienced assault and battery attorney in Culpeper can explain, any number of factors can either make that more likely or less likely.
Prosecution of Culpeper Assault and Battery Cases
Anytime a person is charged with assault and battery, they can expect that there will be a vigorous prosecution of the case. In most cases:
- There will be a victim who is claiming to have been injured and often emotions would still be running high.
- Because prosecutors are sensitive to the desires and the wishes of victims in cases like these, it will often prevent them from being as flexible as they might otherwise be in plea discussions.
- As a result, a very high percentage of the time, these cases go to trial and must be determined by the judge.
For example, if a person comes to another’s home or comes to another’s place of business and attacks them in public, those are going to be aggravating factors that could potentially cause more jail time. If there is a significant injury to the victim, that could potentially cause more jail time. As well as if there is a history of other violent acts, this could potentially trigger more jail time.
Where Cases Are Heard in Culpeper
Assault and battery cases are heard in one of the three Courts that are located in the town of Culpeper. Most of these cases will be heard, in the Culpeper County General District Court. However, if there is an appeal of a case or if the assault and battery case involves a victim who is a law enforcement officer or a judicial officer or a fire and rescue officer, then the charge becomes a felony and is tried in the Culpeper County Circuit Court.
In cases of assault and battery where either the accused is a juvenile or the victim is a juvenile or the victim is a family member of the accused, then those cases are tried in the Culpeper County Juvenile and Domestic Relations General District Court.
Contacting An Attorney
If an individual is faced with this charge, they must understand that significant incarceration is always a possibility and that’s why they need the help of an experienced assault and battery attorney in Culpeper, VA who has many years of trying these kinds of cases in Culpeper Courts.