Henrico, VA asked in Criminal Law and Domestic Violence for Virginia

Q: Hello so me and my boyfriend got in argument and no physical contact or any hitting was involved but how ever he left

And came back he was angry and I was afraid so I ran and when I ran I cut my legs up like by wood branches how ever he never touched me or pushed but they did charge him with simple assault... what can I do to help him I dont want longterm damage to his life we do have a child in common and I love him. His daughter needs him. His first court date is soon and he did make bail hes not on probation and has never been in any violent trouble but has once had a larceny charge before the law was changed to 500 for a felony. I NEED ANY HELP I CAN GET. IVE REACHED OUT TO THE PROSECUTOR AND ASKED TO HAVE THE CHARGES DROPPED ETC I mean simple assault is weird because he never really touched me.

2 Lawyer Answers
Daniel P Leavitt
Daniel P Leavitt
Answered
  • Criminal Law Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: It's up to the prosecutor to move forward or not. If you are the only witness then they would need your testimony to convict. It's best for you to probably retain a lawyer for an hour to go over everything with you.

1 user found this answer helpful

Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: There does not have to be an actual touching for an assault charge to be filed by the police. If you told the police that you were afraid of him striking you because of his anger and that's why you ran (scratching up your legs in the process), that may be the basis for the assault charge. You will likely have to wait until the day of trial to tell the prosecutor that he never touched you and you don't feel he would have assaulted you if you had not run, if that is indeed how you feel.

1 user found this answer helpful

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