Violent crimes of any sort are prosecuted harshly. The motivation behind the crime is something that might be considered when the charges are being determined and when a sentence is handed down after a conviction. One example is when the motivation for a crime was hatred for a protected group. In that case, the violent crime might be labeled as a hate crime.
The circumstances surrounding an assault and battery charge can make a big difference in how your case is handled and how you are able to handle your defense. A big component of any assault and battery case is whether the incident was spur of the moment or if it was premeditated. Generally, criminal acts that are premeditated are prosecuted in a harsher manner than those that are spur of the moment.
Road rage incidents are making the news and drawing awareness to the violent temper that some people have while they are driving. One of the high profile road rage incidents lately was that of the former National Football League's player's death when he was shot in a road rage incident. While that didn't occur in Virginia, another road rage incident did occur here. Now, a woman is facing criminal charges based on allegations of road rage.
In our previous blog post, we discussed the differences between assault and aggravated assault. If you recall, aggravated assault is the more serious of the two charges. That doesn't mean that assault charges aren't serious. They are actually very serious. If you are facing any type of assualt charge, including aggravated assault or assault with a deadly weapon, you should understand what options you have for your defense. The possibilities might even change as the case moves through the criminal justice system.