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Falsely Accused of Simple Assault 

Bryan J. Jones, LLC Nov. 7, 2022

Shadow man attacking victim.In the Commonwealth of Virginia, a person may be arrested and charged with assault crimes for threatening or putting another person in fear of harm or offensive contact. A simple assault conviction could result in fines, jail time, a criminal record, and other serious social ramifications. If you have been accused of assault, you need to retain a knowledgeable Virginia criminal defense attorney to help build your defense strategy. 

At Bryan J. Jones, LLC, we are committed to protecting individuals accused of assault or other crimes. Our dependable legal team will review the facts of your case and help strategize your best defense in pursuit of the most favorable outcome. We're proud to serve clients across Charlottesville and Waynesboro, Virginia, as well as throughout Greene, Louisa, Fluvanna, and Albemarle counties. 

Simple Assault Charges in Virginia  

According to Virginia law, assault or simple assault involves an attempt to touch another person unlawfully or in an angry, rude, improper, or vengeful way. A person may also be charged with simple assault for putting another person in reasonable fear of harm or offensive contact. Even if the alleged victim didn't suffer any harm or injury, a simple act of confrontation could result in an assault charge. 

Possible Penalties for Simple Assault Conviction in Virginia 

In Virginia, assault can carry severe punishments and ramifications. Depending on the defendant's criminal history, the severity of the offense, and other surrounding circumstances, a simple assault conviction may result in any of the following penalties and ramifications: 

  • Jail time (up tp 12 months for a misdemeanor) 

  • Massive fines 

  • Restitution to the victim 

  • Mandatory anger management classes 

  • A criminal record/history 

  • Increased difficulty in securing housing and employment 

  • Increased difficulty in securing government assistance 

  • Loss of voting rights 

  • Loss of rights to possess, own, or carry a firearm or gun, if a domestic assault

  • Increased difficulty in traveling overseas 

A knowledgeable Virginia assault defense attorney can enlighten you about some circumstances that may lead to false simple assault accusations and determine your best defenses to avoid any of these potential penalties and collateral consequences

When You've Been Falsely Accused  

Here are some common circumstances that may lead to a false allegation of assault: 

  • A confrontation or altercation between spouses, family members, or friends 

  • A person trying to cover up other bad actions or behavior 

  • An ex-partner trying to win a child custody battle using false accusations of assault 

  • An accuser makes errors while recollecting the details of the assault incident 

  • A victim misidentifies a person for committing an offense 

  • An accuser intentionally lies to law enforcement 

  • The police show up and charge both parties. This could result in different issues for the innocent party who was only trying to defend themselves. 

When falsely accused of simple assault or facing assault allegations, you’ll discover that the Virginia criminal justice system can be complicated. Navigating the system with effective legal assistance is imperative. Your attorney can educate you about the steps to take after a false assault allegation. 

Steps to Take When Accused of Simple Assault 

False allegations of simple assault are serious and should not be taken casually. When facing a simple assault accusation, here are the steps to take, where possible: 

  • Hire a skilled attorney to help investigate your case. 

  • Remain silent. Only speak to the police with your attorney's consent. 

  • Gather evidence and statements from witnesses to build your case. 

  • Keep a low profile. Do not post on social media or contact your accuser. 

  • Only discuss your case details with your legal counsel. 

A knowledgeable attorney can enlighten you about the nature of your charges, fight to uphold your legal rights, and determine your defense strategy. 

Possible Defenses  

Here are some legal defenses that can be used to fight your false simple assault allegations: 

  • Mistaken identity 

  • Acted in self-defense 

  • Acted in defense of others 

  • Incapable of performing the alleged threat 

  • Misrecollection 

  • Misleading forensic evidence 

  • Malicious false allegations 

An experienced assault defense lawyer can explore your available legal defenses and determine the best way to fight your charges in pursuit of the most favorable outcome in your case. 

Discover Your Options  

False allegations of simple assault by alleged victims are common and can result in a wrongful conviction. A criminal conviction could potentially result in devastating, immediate, and life-long consequences to your quality of life, personal reputation, career, and future. When accused of simple assault, it is paramount that you hire a strategic criminal defense attorney to protect your legal rights and help strategize your defense. 

At Bryan J. Jones, LLC, our attorney has devoted his career to handling criminal cases and defending individuals who have been arrested and charged. Allow an attorney to represent you intelligently in every phase of the legal proceedings, attempt to establish your innocence, and make sure those false allegations don't ruin your life.   

Facing simple assault charges can be frightening. Don't face them alone. Contact Bryan J. Jones, LLC, today to schedule a simple case assessment with a skilled assault defense lawyer. Our reliable team can offer you the aggressive representation and detailed legal counsel you need to fight your charges. We're proud to serve clients across Charlottesville and Waynesboro, Virginia, as well as throughout Fluvanna, Greene, Louisa, Orange, Nelson, and Albemarle