Assault Defense

Defending our clients from assault charges in Northern Virginia and DC.

Assault & Domestic Violence

Defense of assault and battery

In order for you to be convicted of assault and battery, the prosecution has to prove two things.

  1. That you intentionally touched another individual without prompt.
  2. That the manner of touching was offensive.

A common defense for assault or battery charges is that the touching was in response to an assault by the complaining witness or that the touching occurred in self-defense. Common defenses are:

  • Consent: This defense would claim that the alleged victim gave consent to some form of physical contact. Mutual combat, or an agreement to fight, is a form of consent.
  • Self Defense: In Virginia, you can help prove self defense by proving the record of the complaining witness for violence. In some cases, you do not even need to have been aware of the past history to use it in proving self defense.
  • Public Authority: This defense would apply if you are a member of law enforcement and needed to engage in unwanted physical contact in order to arrest an individual.

There are certainly other defenses that can be used to protect your rights. We encourage you to contact Ervin Kibria PLLC to discuss the details of your case and what can be done to better your situation.

Schedule Free Consultation

Simple Assault Charge in Washington DC

In general, in the District of Columbia, the offense of “Assault” is defined as the threat or use of force on another person that causes that person to have reasonable apprehension of imminent harmful or offensive contact.  Assault can be a civil offense -better known as a“tort”.  However, “Assault” in many cases is a criminal offense.

There are various forms of assault that you can be charged with in the District of Columbia. It is wise to be informed on all of these forms. Even the slightest instances of contact and/or  threatening harm could get you arrested for  misdemeanor assault in the District of Columbia.

There are three different forms of misdemeanor assault in Washington, D.C., known as “simple assault”:

  • First, there is “attempted battery” assault which occurs when a person injures or attempts to injure another person.
  • Second, there is “intent-to-frighten” assault, which occurs when a person commits a threatening act that puts another person in reasonable fear of immediate injury.
  • Third, there is what’s called “non-violent sexual touching” assault  which is the intentional touching of another person’s body without the other person’s consent.  The touching defined in this third type must be a touching on a part of another person’s body that “would cause fear, shame, humiliation or mental anguish in a person of reasonable sensibility if done without consent.”

For the prosecution to convict a defendant charged with either of the first or second type of assault, the prosecution must also demonstrate (in addition to the elements described above) that the defendant’s act was voluntary AND that the defendant had the actual ability to injure the other person at the time of the incident.

In Washington, D.C., ”Injury” is defined as any physical injury, however slight, and includes an “offensive touching.”  The penalty for either form of this type of assault is $1,000 and/or imprisonment of up to 180 days.  D.C. Code §22-404.

Being charged with the crime of “Simple Assault” is a misdemeanor in the District of Columbia.  However, it is a charge that should not be taken lightly. Being found guilty of simple assault will go on your record as a criminal conviction.  In many cases, first-time offenders should be eligible for some type of diversion program.

If you have been charged with assault in D.C. and are looking for an attorney to represent you on this type of case in the D.C. Superior Court, please contact the attorneys at Ervin Kibria, PLLC.  We vow to fight aggressively for your rights and to resolve the matter in a speedy and discreet manner.

Dedicated Defense You Can Trust

At Ervin Kibria, we provide necessary legal defense against all manner of criminal charges, including simple assault, domestic violence, and theft. Our experienced attorneys will aggressively defend your interests.

Contact us today to schedule a free consultation. Our attorneys can act as a buffer between you and the police, and can even help avoid charges in the first place. From investigation to trial, our criminal defense lawyers will guide you through the process and be with you every step of the way.