Accomack VA Second Degree Assault Lawyer — What Are Your Defense Options?
Second degree assault in Accomack County is a Class 1 misdemeanor under Va. Code § 18.2-57, carrying up to 12 months in jail and a $2,500 fine. An Accomack VA second degree assault lawyer from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence. We provide a case-specific defense strategy for charges heard at the Accomack County General District Court.
Virginia Law on Assault and Battery
Virginia law defines assault and battery in Va. Code § 18.2-57. The statute covers any unlawful touching or attempt to do bodily harm. Simple assault is typically charged as a Class 1 misdemeanor. The prosecution must prove you acted with intent to cause harm or placed another in fear of harm. An assault attorney analyzes whether the alleged act meets the legal elements required for a conviction.
Last verified: April 2026 | Accomack County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, see Va. Code § 18.2-57 (official Virginia General Assembly). For local court procedures, visit the Accomack County General District Court website.
Local Court Process for Assault Charges
Assault charges in Accomack begin with an arrest or summons. Your first hearing is an arraignment at the Accomack County General District Court. A battery defense lawyer can enter a plea and request discovery from the Commonwealth’s Attorney. Many cases involve negotiations to reduce or dismiss charges before a trial date is set.
- Initial Consultation: Contact a violent crime lawyer immediately after arrest or receiving a summons to discuss the facts of your case.
- Arraignment: Appear in Accomack County General District Court to hear the formal charges and enter a plea of not guilty.
- Discovery & Investigation: Your attorney will obtain police reports, witness statements, and any available video evidence to build your defense.
- Pre-Trial Motions & Negotiation: Your lawyer may file motions to suppress evidence and negotiate with the prosecutor for a favorable resolution.
- Trial or Resolution: If no agreement is reached, your case proceeds to a bench trial in General District Court. For appeals or felony charges, the case moves to Circuit Court.
Potential Penalties for Assault Convictions
In Accomack, a second degree assault conviction carries a penalty of up to 12 months in jail and a fine up to $2,500, plus potential probation and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Simple Assault (Va. Code § 18.2-57) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Permanent criminal record, possible protective order, impact on employment and professional licenses. |
| Assault & Battery of a Family/Household Member | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Mandatory completion of a treatment program, no-contact orders, potential loss of firearm rights. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We focus on providing a strong defense for clients facing criminal allegations. Our firm-wide track record includes over 4,739 documented case results.
Case Results
Our firm has a firm-wide track record across VA, MD, NJ, NY, and DC of 4,739+ documented results with a 93%+ favorable outcome rate. For assault charges defense, favorable outcomes often involve case dismissals, reductions to lesser offenses, or alternative sentencing that avoids jail time.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Accomack Assault Lawyer
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Richmond location serves clients in Accomack and surrounding communities. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. An Accomack VA second degree assault lawyer near you can start building your defense immediately.
Frequently Asked Questions
What is the difference between assault and battery in Virginia?
Yes, there is a difference. Assault is an attempt or threat to cause harm, while battery is the actual unlawful touching. Both are typically charged together under Va. Code § 18.2-57 as a Class 1 misdemeanor.
Can an assault charge be dropped in Accomack County?
It depends. The Commonwealth’s Attorney has discretion to drop charges, often based on victim wishes, evidence problems, or a defendant’s completion of conditions like counseling. An assault charges defense lawyer can negotiate for a nolle prosequi (case dismissal).
What should I do if I am charged with assault?
First, do not speak to police or investigators without an attorney. Second, contact a violent crime lawyer immediately. Third, preserve any evidence, including witness contact information, texts, or videos related to the incident.
Is a Class 1 misdemeanor a felony?
No. A Class 1 misdemeanor is not a felony. It is the most serious level of misdemeanor in Virginia, but a conviction does not carry the same long-term consequences as a felony, such as loss of voting rights.
Can I get an assault charge expunged?
It depends. Under Va. Code § 19.2-392.2, you may be eligible for expungement if the charge was dismissed, you were found not guilty, or the case was nolle prossed. A conviction for assault is generally not eligible for expungement.
Related Legal Information
If you are facing assault charges, you may also want to learn about Virginia criminal defense. For help in nearby areas, see our pages for a Fairfax County criminal defense lawyer and a Fairfax City criminal defense lawyer. For other legal issues in Accomack, consider a reckless driving lawyer in Accomack or a criminal contempt lawyer in Accomack.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.