Assault and battery charges in Virginia

In Virginia the crimes and assault and battery are very serious criminal offenses. Typically a simple assault and battery are only charged as an offense for which a lengthy jail sentence or substantial fine is given. In Virginia, you could be charged with assault and battery as an offense or misdemeanor liable on the conditions involved in the crime

Assault and Battery

Under Virginia’s Law, assault and battery crimes are referred as:

  1. Battery is an actual inflection of injury on another individual. It is the unlawful touching of another in a rude and insulting way. For instance kicking someone in face and breaking someone’s nose is considered as battery.
  2. Assault can be committed in two ways in Virginia
  • Ability to inflict harm- a person commits assault crime by performing an act which is intended to harm the other person while having an ability to inflict injury or harm.
  • Fear of harm- a person commits assault by performing an act to place in fear of physical harm and placing the victim in practical fear of harm. This is not an ability to inflict harm but an intention to inflict fear.

The crimes of assault and battery are Class I misdemeanor and the possible sentence is one year in prison and fine more than $2,500. Compensation to the victim might also be the part of the sentence. For a first time offense of assault and battery a person does not receive the maximum sentence unless the crime was egregious.

Assault and Battery Charges

There are several types of assault and battery charges in Virginia which includes:

Simple Assault

According to the code 18.2-57, assault in Virginia is threatening to inflict a physical harm to another individual. Charges of simple assault in Virginia are Class I offense with 12 month in jail and a fine of $2,500.

Assault and Battery

In Virginia, assault and battery is harmful touching of another person with an angry and insulting manner, and without any excuse. It is not necessary that touching causes injury. Assault and battery (code 18.2-57) is Class misdemeanor and the convict is punished for up to 12 month in jail and a fine of $2,500.

Domestic Assault and Battery

Acts of assault and battery against a family member is criminalized indistinctly under code 18.2-57.2. It is also known as domestic assault. This crime is also Class I misdemeanor and its punishment is up to 12 month in jail with a fine of $2,500. A third offense is Class 6 felony and its punishment is more than 5 years in jail.

Assault and battery charges can result in time in jail with a fine and criminal record. With the support of an attorney you might be able to get the charges dismissed against you or obtain a favorable appeal bargain, decree or a sentence.

If you are charged with such a crime, you should contact the Virginia criminal defense attorneys at SRIS Law Group.

If you wish to consult an SRIS Law Group, P.C. attorney

Call us at 888-437-7747