Fairfax Assault & Battery Attorneys

Seasoned Defense Against Assault & Battery Charges in Virginia

Although they are often grouped together, assault and battery are two separate crimes. In Virginia, assault is defined as intending to cause bodily harm or intending to cause someone to fear imminent bodily harm, regardless of whether the victim is actually physically harmed. Battery, on the other hand, involves the unwanted or unlawful touching of another person. Battery can be carried out directly by an individual or by an object over which the alleged offender has control.

Virginia prosecutes the crimes of assault and battery harshly. If you have been accused or arrested for assault and/or battery, it is crucial that you contact an experienced criminal defense attorney right away. At Lawrence, Smith & Gardner, we can help you understand your legal rights as we work to protect your future. 

For a free and confidential consultation with one of our assault defense attorneys in Fairfax, call (703) 382-5840 or contact us online today. 

What to Expect If Charged in Fairfax, VA

When you are charged with assault, battery, or aggravated assault in Fairfax, VA, a series of legal steps follow that can be complex to navigate without professional legal guidance. Following your arrest, you may be transported to the Fairfax County Adult Detention Center and promptly brought before a magistrate for an initial determination on bail and to schedule your first court appearance in the Fairfax County General District Court. 

Virginia prosecutors—known as Commonwealth’s Attorneys—closely evaluate the details of your case, including the facts of the incident, your background, and local protocol, before determining how to proceed. Securing an experienced assault attorney in Fairfax early in the process is essential for protecting your rights, as local defense lawyers know how to respond to investigative tactics commonly used by Fairfax County law enforcement, including the Fairfax County Police Department.

It is vital to act promptly after being charged. At each stage, you will have opportunities and deadlines to protect your interests. The discovery phase—which includes the exchange of evidence and police reports—forms the backbone of your defense. The assault attorneys at Lawrence, Smith & Gardner utilize a distinctive team approach, with two attorneys and staff collaborating to review discovery, examine surveillance from local businesses or public spaces, and assess law enforcement reports for inconsistencies. 

By engaging early and staying proactive, our assault lawyers in Fairfax prepare you for each court hearing, clarify Fairfax-specific pretrial requirements, and position your case for the strongest outcome possible under local legal standards.

Types of Assault & Battery Charges in Virginia

Assault and battery are charged in different ways, depending on the circumstances of the incident. Some of the factors that influence how assault and battery may be charged include whether anyone was injured, whether the alleged offender used a deadly weapon in the commission of the crime, the relationship between the alleged offender and the victim, and whether discrimination or prejudice played a role in how the victim was targeted. 

In Virginia, assault and battery may be charged as: 

• Simple Assault/Battery: In most cases, simple assault and battery are charged as Class 1 misdemeanors. The penalties for a conviction of a Class 1 misdemeanor in Virginia include up to one year in jail and up to $2,500 in fines.
• Felony Assault/Battery: The crimes of assault and battery become elevated to felony charges when certain factors are present. These include cases involving injuries, hate crimes, brandishing a weapon on or near school grounds, or when the defendant is a repeat offender. Assault and/or battery against a police officer, correctional officer, firefighter, or judge can also be charged as a felony. Depending on the degree of felony charged, a conviction can result in one year in jail or one to five years in prison, as well as steep fines. More serious felony charges can result in longer prison sentences and more expensive fines.

How Our Assault Attorneys in Fairfax Build Your Defense

Each assault, battery, or aggravated assault case necessitates a defense strategy tailored to the evidence and context specific to Northern Virginia. At Lawrence, Smith & Gardner, at least two assault attorneys work together to review every detail—including police reports, witness testimony, and documentation provided by law enforcement. We engage clients as active participants in their own defense, demystifying the charges, clarifying how the Virginia Code (including § 18.2-57) applies to them, and explaining how Fairfax court processes may influence your outcomes. Our process is multi-layered, examining the incident, each party's history, and any possible motivation for false allegations. This approach is especially important for cases arising from high-traffic areas like Fairfax City, Reston, or Vienna, where extensive surveillance and multiple responding agencies can complicate evidence gathering.

Types of Defenses Against Assault & Battery Charges

If you have been charged with assault and battery, you may have several defenses available to you. 

Some of the most common defenses to these charges include: 

The exact defense our firm may use depends on many factors, including the unique and specific details of your case. We encourage you to reach out to our team today to discuss your options during a complimentary case evaluation with one of our assault and battery attorneys in Fairfax, VA. 

Contact us online and schedule an initial consultation with our assault attorneys in Fairfax.

Frequently Asked Questions

What is the difference between assault, battery, and aggravated assault in Virginia?

In Virginia, assault refers to intentionally threatening or attempting to harm another person, causing them to fear imminent bodily injury—even if no actual contact occurs. Battery involves making unlawful or unwanted physical contact with another individual. Aggravated assault is a more serious offense that typically includes circumstances like the use of a weapon, inflicting severe injury, or assault against certain protected individuals, such as law enforcement officers. The particular assault or battery charge brought in Fairfax will depend on the facts of the incident and the identities of those involved. It’s important to discuss these distinctions with an assault attorney in Fairfax to develop your defense.

Where will my assault or battery case be heard in Fairfax County?

Most assault, battery, and aggravated assault cases in Fairfax County are initially handled by the Fairfax County General District Court. If you are charged with a misdemeanor, both preliminary hearings and a trial are likely to take place there. Felony assault or battery cases start in the General District Court, but may proceed to the Circuit Court following a preliminary hearing or indictment. Every court has its own procedures and traditions. Working with a local assault attorney or battery lawyer who knows the Fairfax courts ensures you are prepared for every appearance, understand critical deadlines, and meet the specific requirements for criminal cases in Fairfax, VA.

Should I speak to the police or prosecutor before consulting an attorney?

No, you should never speak to law enforcement or the prosecutor about the details of your case without first consulting a qualified assault defense lawyer in Fairfax. Any statements you make—however benign they may seem—can be used by the prosecution and ultimately impact your defense. At Lawrence, Smith & Gardner, we strongly recommend asserting your right to remain silent and calling our office as soon as you are contacted by the police. Our attorneys will guide you regarding police interviews and other communications, protecting your constitutional rights throughout the legal process. This step is especially vital in Fairfax County, where investigators and prosecutors are highly skilled at using evidence and statements during the prosecution of assault cases.

Call us at (703) 382-5840 and let us bring our experienced help to you and your assault case.