Morgantown Assault and Battery Lawyer

Morgantown Assault and Battery Attorney

Violent crimes in West Virginia are taken seriously by the state and, therefore, are associated with serious criminal charges. If you have been arrested on charges for a violent crime, such as assault, battery, or domestic violence, then you may be facing years in prison and fines. Therefore, it is critical to work with the Morgantown assault lawyer at Crowe Law, LLC, who can protect your rights and build a strong defense for your case.

At Crowe Law, LLC, our team has experience working with individuals who are facing serious Morgantown assault charges. We help them build a defense to achieve an effective case outcome. Our knowledgeable criminal defense attorney can discuss your concerns and questions. Then, our firm can analyze the details of your case to determine an optimal course of action regarding your defense.

Understanding the Difference: Morgantown, WV, Assault vs. Battery

While assault and battery are terms that commonly go together, they are recognized as different crimes under state law. Battery is considered to be a form of physical contact that intentionally insults, provokes, or leads to the physical injury of another individual. On the other hand, assault is considered to be the attempt or threat of causing injury or inciting violence.

Therefore, while battery characterizes a violent act, assault is the threat that such an act will be inflicted on another person. Both battery and assault are serious criminal charges, and each requires experienced legal representation to ensure more optimal outcomes. If you are facing such charges, the criminal defense lawyer at Crowe Law, LLC, can assist you with fighting against your charges and protecting your rights and interests.

West Virginia Assault Crimes Explained

Assault can either be verbal, physical, or sexual, and it can vary depending on the context in which it is carried out, including the individuals involved and the location of the alleged crime. In West Virginia, assault crimes can be characterized as the following:

• Simple Assault: Simple assault is classified as a misdemeanor, and it could include an individual being slightly harmed. However, such crimes do not involve the presence of certain aggravating factors, such as weapons or a domestic setting.
• Aggravated Assault: To convict someone of an aggravated assault crime, it must be proven that they intended to seriously cause injury or harm. These crimes are characterized as felonies.
• Malicious Assault: Malicious assault crimes are associated with serious charges that involve a person cutting, stabbing, wounding, or shooting a person with the intention of killing, disfiguring, or severely hurting the person. In other states, this felony crime is referred to as assault with a deadly weapon.
• Sexual Assault: Sexual assault crimes are often charged as a felony, and they are related to instances involving sexual violence.

Assault crimes in West Virginia often require proof that there was an intention to threaten or harm, which can often be difficult to obtain. An experienced assault lawyer can assist you with analyzing the evidence that the prosecution is holding against you. They can then determine whether there are weaknesses or inconsistencies in the case.

West Virginia Assault and/or Battery Penalties

Violent crimes can carry severe penalties, such as long prison sentences and hefty fines. The penalties associated with a violent crime can vary depending on the details associated with the case, including the alleged defendant’s criminal record and the severity of the charges.

If you have been charged with simple assault, you could be facing up to six months in jail, with an additional $100 in fines. Simple battery, on the other hand, is punishable by up to a year in jail and a maximum of $500 in fines.

It’s important to note that if the instances of simple battery or assault are repeat offenses, or if they were committed against a government official, the penalties can be much more severe. Such charges, if convicted, can result in a fine of $1,000 and anywhere from one to three years of prison time for a second offense. A third offense can lead to $2,000 in fines and two to five years of prison time.

Felony Assault and/or Battery Penalties in West Virginia

Instances of violent crimes, such as assault and battery, can have more severe penalties if they are classified as felonies. For example, unlawful assault or unlawful assault of a civil servant can result in penalties of up to five years in prison.

If the assault is considered to have been committed with malicious intent, then it can result in up to ten years of prison time. If the malicious assault was carried out against a minor under 16 or against a civil servant, then it can lead to a sentence of up to 15 years in prison.

Domestic Violence Penalties in Morgantown, West Virginia

If an instance of assault or battery takes place within a domestic setting, the offense will be characterized as a domestic violence crime. Domestic violence crimes carry heavier penalties and, if they are repeat offenses, they will be charged as felonies. A first offense of domestic battery will result in up to a year of jail time and $500 in fines.

A second domestic violence offense can result in a $1,000 fine and a minimum sentence of one to two months in jail, with the potential to be sentenced to up to one year. A third offense can result in a fine of $2,500 and a minimum prison sentence of one year. If you are a parent, then domestic violence charges can also impact your rights as a parent.

If you are convicted of a domestic violence crime, you could face restraining orders and be forced to leave your home. Furthermore, you could lose access to your family and your parental rights, including physical and legal custody or even visitation rights. Therefore, if you are facing such charges, it is critical to get in touch with an experienced criminal defense lawyer.

Collateral Consequences of West Virginia Violent Crime Convictions

Being convicted of a violent crime in West Virginia comes with a multitude of collateral consequences, including a tarnished reputation and challenges in securing new employment or housing opportunities. On both a family and community level, the taboo surrounding a felony may impact your personal life and relations.

It’s important to note that convicted felons can also lose their right to vote, bear arms, and work government jobs. If a background check is a requirement during a job application process, the hiring company will likely see your felony and may not hire you as a result. Furthermore, your professional life can be further threatened because you may be banned from keeping or obtaining certain licenses, such as legal or medical licenses.

Violent crime convictions can also impact your ability to take out loans and rent or buy an apartment or home. Furthermore, you may face issues with advancing academically, such as obtaining scholarships or being admitted to certain universities. Because the impact of a violent crime conviction is far-reaching and potentially damaging to an individual’s daily life, it’s critical to fight the charges while you still can with an experienced criminal defense lawyer.

Assault and Battery Defense Strategies

Due to the serious nature of assault and battery charges, it is critical to build a comprehensive defense both in and out of court. If you have been charged with battery or assault in West Virginia, there is a multitude of defense strategies that can be employed to fight against your charges, including the following:

• Unreliable Evidence: An experienced criminal defense attorney can analyze the evidence against you from the prosecution to determine whether it was taken by illegal means, is unreliable, or is conflicting in nature.
• Self-Defense: In assault and battery cases, it is common for individuals to prove to the judge or jury that they were indeed acting out of self-defense when they committed the act of violence.
• Defense of Others: It is also common in violent crime cases for the alleged defendant to argue that they committed an act of violence to either defend their property or other individuals around them.
• Plea Bargains: In cases where the evidence against alleged defendants is undisputed, it may be necessary to plead guilty and strike a bargain with a prosecutor to secure lesser sentencing.

In addition to these defense strategies, if you have a strong alibi, which is a story refuting that you were present at the time and location in which the alleged crime took place, you can attempt to get your charges dismissed. Work with the dedicated lawyer at Crowe Law, LLC, today to build a customized defense strategy.

Protect Your Rights and Reputation: Hire a WV Violent Crimes Lawyer Today

The violent crime legal defense attorney at Crowe Law, LLC, has years of experience working with cases that involve violent crime charges in Morgantown. Whether you have been charged with first-offense simple assault or are facing repeat charges of malicious assault, our team can support you by informing you of your rights and helping you develop a comprehensive, optimal defense. Get in touch with our law firm today to get started.