Martinsburg Assault & Battery Lawyers

Defending Against Assault and Battery Charges in Eastern PanHandle of West Virginia, including Berkley, Jefferson, & Morgan Counties

Assault is a broad term that covers a wide range of situations. It is defined as an attempt to cause harmful or offensive contact with another person. 

It can be charged as a misdemeanor or a felony and can carry serious penalties, including jail time and heavy fines. If you have been charged with assault, you need a skilled and experienced Martinsburg assault and battery attorney.

Call (304) 262-9300 or reach out online to speak to a member of The Criminal Law Center today.​​​​​​

Assault vs. Battery Charges in West Virginia

Assault and battery are two separate charges that are often charged together. Assault is an attempt to cause harmful or offensive contact with another person. Battery is actual harmful or offensive contact with another person. Both can be charged as misdemeanors or felonies.

The penalties for an assault conviction can include:

• Fines
• Probation
• Community service
• Jail time
• Restitution

Types of Assault and Battery Charges in West Virginia

Assault and battery charges can include:

• Simple assault: Simple assault is an attempt to cause harmful or offensive contact with another person. It can be charged as a misdemeanor or a felony and can carry serious penalties, including jail time and heavy fines.
• Aggravated assault: Aggravated assault is an assault with a deadly weapon or with the intent to kill, rape, or rob. It can be charged as a felony and can carry significant penalties, including prison time and heavy fines.
• Simple Battery: Simple battery is the intentional use of force against another person without their consent, resulting in minor injuries or offensive contact. This is generally a misdemeanor.
• Aggravated Battery: Aggravated battery occurs when the defendant causes significant injury or uses a weapon to harm the victim. This can lead to felony charges and more severe penalties.

Penalties for Assault and Battery in West Virginia

The penalties for assault and battery in West Virginia depend on whether the charges are classified as simple or aggravated, and the severity of the harm caused to the victim. Here’s a general breakdown of the penalties:

Misdemeanor Assault and Battery Charges

• Simple Assault: A conviction for simple assault in West Virginia can result in up to 6 months in jail and a fine of up to $1000. However, if you have no prior criminal history, you may be eligible for probation.
• Simple Battery: Simple battery is generally classified as a misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $1000.

Felony Assault and Battery Charges

• Aggravated Assault: If you are convicted of aggravated assault, you could face up to 5 years in prison, depending on the circumstances of the case. If a weapon was used or the victim suffered severe injuries, the penalties could be even more severe.
• Aggravated Battery: A conviction for aggravated battery can result in prison sentences ranging from 1 to 10 years, depending on the extent of the injury to the victim and whether any aggravating factors were involved.

Other Possible Consequences

In addition to jail time and fines, a conviction for assault and battery can have long-term consequences, including:

• A permanent criminal record that could affect your future employment, housing, and other aspects of life.
• Court-ordered counseling or anger management programs.
• Restitution to the victim for medical bills or other damages.

Possible Defenses Against Assault and Battery Charges

There are several defenses that Martinsburg assault and battery attorneys may use to challenge the charges against you. Self-defense and defense of others are common defenses, as West Virginia law allows individuals to protect themselves or others from imminent harm, provided the response is proportional. False accusations can also be a defense, as your attorney may demonstrate that the victim’s claims are untrue or that evidence does not support the allegations. Additionally, a lack of intent can be used if the contact was accidental or misunderstood as harmful.

In some cases, the prosecution may not have enough evidence to support the charges beyond a reasonable doubt. A Martinsburg assault and battery attorney can argue that the evidence is insufficient or that it was improperly obtained, potentially leading to a dismissal or reduction of charges. Ultimately, the right defense strategy can have a significant impact on the outcome of your case, ensuring your rights are protected throughout the legal process.

How Does a Prosecutor Prove Assault?

Assault is a very broad term that can cover a wide range of situations. It can be charged in a wide range of ways, depending on the situation. However, in general, the prosecutor will have to prove that you attempted to cause harmful or offensive contact with another person. They may also have to prove that you intended to cause this contact. For example, if you accidentally bump into someone while walking down the street, you may not have intended to cause offensive contact. However, you may be charged with assault if the contact was harmful and you did not apologize.

Contact a Martinsburg Assault and Battery Lawyer Today

The Martinsburg assault and battery lawyers at Kevin D. Mills & Associates, PLLC have years of experience handling criminal defense cases in West Virginia. We work tirelessly to protect your rights and ensure that you receive a fair trial. Whether you are facing misdemeanor or felony charges, we will fight for the best possible outcome for your case. Our team will:

• Investigate the circumstances surrounding your case to gather crucial evidence.
• Challenge any weaknesses in the prosecution’s case.
• Represent you in negotiations or at trial to seek a reduction of charges or a dismissal of your case.
• Provide guidance and support throughout the legal process.

Get a free consultation with a Martinsburg assault and battery lawyer to discuss your defense options. Call (304) 262-9300 or contact us online today for expert legal guidance.