Assault and Battery

Virginia Assault and Battery Lawyers

Assault and battery is considered a serious criminal offense in the state of Virginia. The definition of assault and battery is two-fold. Assault occurs when an individual threatens harm against another individual with a present and imminent ability to act on that threat. Battery occurs when an individual carries out the given threat and harms another. Both actions must occur for an assault and battery charge to be issued.
If you’re charged with assault and battery in Virginia, it’s important that you understand the penalties for the offense as well as your legal rights so that you can build a strong defense against it. An assault and battery charge, while serious, does not have to mean your entire life is over if you are well prepared with exceptional legal defense.

Virginia Assault and Battery Penalties

The penalty for assault and battery offenses varies depending on the degree and circumstances of the offense. In Virginia, most forms of the charge involve jail time and a hefty fine. Simple assault and standard assault and battery, under VA. Code 18.2-57, are considered class 1 misdemeanors with up to 12 months in jail and a $2,500 fine. The penalty for an assault and battery offense usually increases if the assault and battery is committed against a family member, is done as a hate crime, is committed against law enforcement officials, etc. Some of these more extreme forms of assault and battery are labeled as felonies.
In any case, the penalties for assault and battery are significant, and having an assault and battery charge on your record can lead to challenges even after your time is served, such as difficulty finding jobs or housing.

Virginia Assault and Battery Charges

There are many degrees of assault and battery offenses in Virginia:
  • 18.2-51 – Unlawful wounding: (class 6 felony)
  • 18.2-51 – Malicious wounding (class 3 felony)
  • 18.2-51.6 – Strangulation (class 6 felony)
  • 18.2-57 – Simple assault (class 1 misdemeanor)
  • 18.2-57 – Assault & battery (class 1 misdemeanor)
  • 18.2-57 – Assault on law enforcement (class 6 felony)
  • 18.2-57 – Assault as a hate crime (class 1 misdemeanor)
  • 18.2-57 – Assault as a hate crime with injury (class 6 felony)
  • 18.2-57.2 – Assault on a family member (class 1 misdemeanor)
In Virginia, each offense has different circumstances and penalties associated with it. It is important that you understand what your specific offense is so you can prepare the best legal defense possible.

Fighting an Assault and Battery Charge

If you’re charged with assault and battery, there may be a way to combat the charges in court depending on the circumstances of the offense. Having a strong defense can lead to your charges being dismissed, or your jailtime and/or fine being reduced. There may be a few defenses at your disposal, such as proving the assault and battery occurred in self-defense or that the incident was an accident.
If you’ve been charged with assault and battery and need legal advice or defense, you owe it to yourself to hire the best legal defense available. Our lawyers will pour over every detail of your assault and battery case and organize the strongest defense they can. We are dedicated to protecting your legal rights and working to give you the most desirable outcome in court. Contact Dua Law Firm today at (703) 382-7300 for a free consultation!
Call Raj Dua at (703) 382-7300 or email rdua@dualawfirm.com for a free consultation.

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