Assault

Assault & Battery Criminal Defense from Zerbe & Pence, PLLC

What is Assault and Battery in the State of West Virginia?

Many people use the terms “assault” and “battery” interchangeably, but they have different meanings under West Virginia law. Assault typically deals with threats, words, and actions that can cause another party to fear violence. Meanwhile, battery consists of actual intentional contact or provocation that results in physical harm. While these charges are typically misdemeanors, they can rise to felony level depending on the severity. The charges also receive harsher sentences when committed against a government representative such as a police officer or state employee. Regardless of the context or severity, everyone deserves assault and battery criminal defense and that is where Zerbe & Pence, PLLC, can help. Call us at (304) 345-2728 or contact us online to set up an assault defense consultation.

Legal Ramifications of Assault or Battery Charges

As mentioned above, most assault and battery charges are misdemeanors and carry typical misdemeanor consequences. Assault typically carries consequences including up to six months in jail and/or fines of up to $100, while battery carries penalties of up to 12 months in jail and/or fines of up to $500. Assault on a public government representative elevates the jail time to 24 hours to six months, and the fine to up to $200. Battery on a government official carries a sentence of one month to one year in jail, while the fine gets elevated to up to $500. Multiple assault or battery charges on a government official becomes a felony and significantly updates those ramifications. Attorney David Pence can represent anyone accused of assault and fight to reduce or eliminate these sentences. Give our Charleston-area law office a call today for more information.

Defenses and Legal Options for Assault and Battery

When defending clients accused of assault or battery, several legal defenses exist that could play to our clients’ advantage. The first, and one of the most common is self-defense. When individuals find themselves under attack, they have the legal right to physically defend themselves. Other defenses include defending another person or personal property, both of which can serve as legal defenses. One final defense includes consent, which argues that the other party agreed to a physical altercation. Zerbe & Pence, PLLC, helps clients find their legal options with assault and battery, which can include plea deals and suspended sentences. For more information, give our law office a call today and experience the difference.