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.
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.