Mark B. Arthur: Attorney at Law

In Virginia, assaultive crimes range from simple assault to assault with intent to commit murder. Simple assault and Domestic assault are examples of misdemeanor cases, which are handled at the District Court level. Felonious assault, such as Malicious wounding, Unlawful wounding, and Assault & Battery on a police officer are examples of the more serious felony assaults.

Any assault involving the use of a firearm is potentially more serious. This is because the prosecutor can add the charge of use of a firearm in the commission of a felony. This charge adds an additional mandatory three-year or five-year prison term to any other sentence.

All assault charges are serious. The effect on your life of being convicted of an assault charge can be devastating. Although potential jail and prison sentences can reach a maximum of twelve months for a simple assault misdemeanor to life in prison for serious felony assaults, there are many other consequences which make any assault a serious charge. Judges routinely give heavy fines, court costs, jail time and probation for charges of assault. As with other crimes, convictions of assault may be published in the local newspaper and employers may be reluctant to hire someone with an assault conviction. Felony convictions, including assaultive crimes, often result in the inability to be bonded. Being bonded is a requirement of many jobs and might eliminate you as a potential candidate for some jobs.

The Winning Approach to Assault Defense

An aggressive defense lawyer is critical. In most assault cases, the prosecution relies heavily on the testimony of witnesses in order to prove its case. Typically witnesses are agitated, excited, angry or intoxicated. In the hands of a skilled defense attorney, the testimony of such witnesses begins to fall apart. In felony cases, it is very important for the defense to cross-examine all of the potential prosecution witnesses at the preliminary examination.

Many attorneys would have you waive your right to a preliminary examination. DON'T! This preliminary examination (prelim) is often the first opportunity your attorney will have to make significant progress on your case. It should not be waived lightly or without a specific, important reason. Once you have waived your right to a prelim, it is generally gone forever.

Self defense is a powerful tool. In cases where the client has acted out of fear for his own safety, or the safety of others, it is important to have an attorney who knows how to present a strong argument for self-defense.

Thorough investigation of the case is vital. The attorney, or the private investigator working for the attorney, should attempt to interview all witnesses prior to a preliminary examination or trial. The success of an assault trial may well depend on the skill and knowledge of the attorney. It is vital that your attorney be well prepared for trial.

You must be part of the team. Mark B. Arthur prefers a team approach. While I will work hard to keep my trial skills sharp and my knowledge of the law current, no one knows the facts of your case better than you. It is important that you are involved in your case, and that you work with me. The best results in your case will come when you have open communication with me and you make informed decisions in the case.

If You are Facing Assault Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you. It is legal for the police to lie to you. Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them and that you want an attorney present. Do not allow yourself to be tricked or coerced by the police.
• Anything you say about the case to anyone, including most family members, can be used against you in court. Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors. If you have made such statements, we will deal with it together. If you have not, DON'T!
• Never consent to anything without the advice of your attorney. This includes giving the police permission to search, draw blood or discuss the case with you.
• Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer -or any officer who tries to question you- that you do not want to talk without an attorney.
• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint you after arrest, cooperate fully.
• Inform the officers that you wish to make a telephone call. Get an attorney quickly, if you call family or friends have them contact an attorney. You can reach us at the Contact Us page.
• Post bond as quickly as possible. If you are advised of your right to have an attorney, your response should be, "I plan to hire my own counsel.” At the advisement, do not try to talk to the judge about your case.
• Finally, meet with your attorney as soon as possible. When you meet with me, be completely honest with your version of events. Tell us about any past criminal record or witnesses that might help or hurt your case. Remember that you are the most important part of your defense team.