Virginia battery law- Fairfax criminal lawyer on excessive force

Virginia battery law is not automatically overcome by defense of self nor others- Fairfax criminal lawyer addresses permitted and excessive force

Virginia battery law — also known as assault law — gives the least anxiety to a criminal defendant by their having avoided physical confrontation in the first place. As a Fairfax criminal lawyer, I know that once a person is a Virginia assault defendant, a physical altercation probably has already taken place. Alleged assaultive incidents often are not recorded by video. Such affrays often come down in court to he said/she said, presence of eyewitnesses or not, and witness credibility.

What are common defenses under the Virginia battery law against a charge of misdemeanor or aggravated / felony assault?

When a person is prosecuted for violating Virginia battery law, what re some common defenses that might win if provable as true? These Virginia assault defenses include that the alleged assault never happened, the alleged wrongful act does not qualify as assault (for instance shouting at someone rather than striking them), SODDI (some other dude did it), lack of intent, non-criminal negligence, consent (for instance a boxing match), citizen’s arrest (see Hudson v. Commonwealth of Virginia, 266 Va. 371 (2003) for the Virginia law of citizen’s arrests), lawful and proportional parental discipline, proportional defense of self, and proportional defense of others. One might shudder at the thought of walking away from a physical taunt by another, to avoid being seen as weak or weak willed, or to scare the harasser once and for all to leave alone the innocent subject of the harassment.

Recent death after a subway chokehold brings assault law front and center to the public

Three years after George Floyd died from a police chokehold caught on a videotape showing the horrifying nonchalance of the officer while Mr. Floyd for most if not all of the time on the videotape was mostly motionless, news from the north of Virginia focuses on a private person who subdued an allegedly unhinged subway rider, with the latter person subsequently dying. Reaction was swift by many in the public, including people who addressed that the now-criminal defendant Daniel Penny is white, and the man who died was Jordan Neely, who was African American and homeless. I have seen part of a cameraphone excerpt of the incident, which is not as clear and closeup as the video footage of the police chokehold on George Floyd, but which does show what appears to be a chokehold. This tragedy gave rise to the importance of this article on Virginia battery law.

Virginia police generally are barred from using chokeholds / neck restraints, so beware engaging in such physical force yourself

In 2020, Virginia law changed generally to bar police from applying chokeholds to people: “The use of a neck restraint by a law-enforcement officer is prohibited unless the use of a neck restraint is immediately necessary to protect theaw-enforcement officer or another person from death or serious bodily injury.” Virginia Code § 19.2-83.4 . “‘Neck restraint’ means the use of any body part or object to attempt to control or disable a person by applying pressure against the neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person’s movement or restricting the person’s blood flow or breathing, including chokeholds, carotid restraints, and lateral vascular neck restraints.” Va. Code § 19.2-83.3. For non-police, Virginia strangulation law already generally bars chokeholds all the more. Virginia Code § 18.2-51.6. In other words, people are wise during altercations to avoid any accidental nor intentional touching of another person’s neck as much as possible.

What do I do if arrested for alleged assault in Virginia?

If you are arrested for alleged Virginia battery, timely obtain a qualified attorney. Fairfax criminal lawyer Jonathan Katz has successfully defended over one hundred people charged with misdemeanor and felony assault. Jon Katz never judges you, and is solely focused on successfully defending you to the hilt. For your free in-person confidential initial consultation with Jon Katz about your court-pending criminal or DUI case, call 703-383-1100.

CALL FOR A FREE IN-PERSON MEETING about your court-pending Virginia criminal or DUI case

Posted in Criminal Defense and tagged chokeholds, strangulation defense, Virginia Assault Defense

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I have known Jon Katz, as a friend and fellow criminal defense attorney for well over 20 years, and I can say without a doubt that his skills and temperament make him one of the best around. He is my go to referral for anyone in or near Northern Virginia. Not only does he know the law and possess the skills to try a case when the need arises, but he also brings a peaceful, balanced, and personable approach to dealing with cops, prosecutors, judges, witnesses, and everyone else involved in the system, which serves the best interests of the client. You will find, as well, that his personable and accessible approach extends to you, as a client. He is top tier. Hands down.

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