Lynchburg Assault and Battery Attorney

Experienced Attorney at Law

If you are in Lynchburg, Virginia or the surrounding counties and have been charged with Assault and Battery, you should call me for a free consultation (434) 660-9701. I am a Lynchburg Assault and Battery Attorney.

I have represented clients for Assault and Battery cases. My expeirence with Assault and Battery cases include trial, questioning witnesses on the stand and, when necessary negotiating deals for clients. Recently, I was successful in getting my clients case dismissed completely. The merits of the case were questionable at best.

 

Virginia Assault and Battery Common Law

Assault: “an attempt or offer, with force and violence, to do some bodily hurt to another.” Adams v. Commonwealth, 33 Va. App. 463, 468, 534 S.E.2d 347, 350 (2000)

Battery: "willful or unlawful touching" of another. Wood v. Commonwealth, 149 Va. 401, 404, 140 S.E. 114, 115 (1927)

Defense of Self Defense: “succeed in the affirmative defense of self-defense, whether characterized as justifiable or excusable, a defendant must reasonably believe that some proportionate act of force was necessary to avoid an imminent threatened harm that could not be avoided through other, less forceful, means.” Humphrey v. Commonwealth, 37 Va. App. 36, 49, 553 S.E.2d 546, 552 (2001)

 

Self Defense Law

"The law of self-defense is the law of necessity, and the necessity relied upon must not arise out of defendant's own misconduct. Accordingly, a defendant must reasonably fear death or serious bodily harm to himself at the hands of his victim. It is not essential to the right of self-defense that the danger should in fact exist. If it reasonably appears to a defendant that the danger exists, he has the right to defend against it to the same extent, and under the same rules, as would obtain in case the danger is real. A defendant may always act upon reasonable appearance of danger, and whether the danger is reasonably apparent is always to be determined from the viewpoint of the defendant at the time he acted.

 

Subjective Nature of Self Defense:

These ancient and well-established principles have been recited to emphasize the subjective nature of the defense, and why it is an affirmative one. As Chief Justice Hudgins pointed out in Harper v. Commonwealth, 196 Va. 723, 731, 85 S.E.2d 249, 254 (1955): "'What reasonably appeared to the accused at the time of the shooting, as creating the necessity for his act, is the test and not what reasonably appeared to him, provided it would so appear to some other reasonable person under similar circumstances.'" McGhee v. Commonwealth, 219 Va. 560, 562, 248 S.E.2d 808, 810, 1978 Va. LEXIS 213, *4-5 (Va. January 1, 1978)

Lynchburg Assault and Battery Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Personal Injury AttorneyCriminal Defense Lawyer and, Security Clearance Attorney. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube Channel, InstagramFacebook,  TwitterLinkedInTumblrBloggerReddit, Yelp,  Avvo and Justia. Thank you for your time and consideration.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram