Legal Question in Criminal Law in Virginia
Charged With Assault....Help!
I have been charged with aassault class 1 misdemeanor. I do not have a criminal record. I have been accused of ''squeezing'' the cashier's hand when I took my change from her hand. I admit I was a little miffed after she told me I had to go to customer service to take care of a pricing error with my purchases but I did not intentionally try to hurt her in any way. I never threatened her nor did I make any motions to hit her so I don't understand why I am being charged for assault. I am not a violent person and I have never been in trouble with the law before. I did get arrested but was released on my own recognizance. The trial date is Oct. 30. I could use any advice you can give me right now. I can't afford an attorney and I just want this to be cleared somehow. Thank you.
1 Answer from Attorneys
Re: Charged With Assault....Help!
Assault is the offensive touching of another. Sounds like you might have done that even if unintentionally. It sounds very slight but when you admit you were frustrated it becomes somewhat more likely. I recommend a written apology to the cashier now. Ask the court for a court appointed lawyer - they only cost $112 per misdemeanor in Va. The lawyer may be able to work it out and if your victim is happy it may just go away. The judge will probably take it under advisement for six months and if there is no further trouble, dismiss it. I know you feel like you didn't commit a crime, but the strategy is to be prepared and hedge your bets.
Good luck.
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