Assault and Battery

Assault & Battery in Virginia

In Virginia, assault and battery is a class one misdemeanor.  Many people consider an assault and battery to mean a hitting or other injurious physical contact.  In fact, the charge encompasses a much broader range of conduct.  If you have been charged with assault and battery, it is important that you contact an attorney as soon as possible.

Elements of the Offense

In order to prove assault and battery, the government must prove beyond a reasonable doubt that the defendant (1) willfully touched another person without excuse or justification, and (2) the touching was done in an angry, rude, insulting, or vengeful manner.  So, for instance, the act of spitting on another person would fit within the definition of a battery.


Pursuant to Virginia Code 18.2-57, assault and battery is punishable as a class one misdemeanor in Virginia.  This means that it is punishable by up to 12 months in jail and up to a $2,500 fine.  There is a very wide range of conduct that fits under the umbrella of assault and battery, and punishment can vary accordingly.

Enhanced Punishment

Virginia classifies a number of specific assault and battery cases for enhanced punishment.  For instance, assault on a law enforcement officer is a felony and carries a mandatory minimum term of incarceration of 6 months.  Similarly, domestic assault and assault based on certain demographic characteristics carry enhanced punishments.

If you have been charged with assault and battery, call us today at 703-822-4701 and we will  give you a free consultation about your case.

Why do we offer free consultations?

When you have been charged with a crime, it is one of the most stressful moments of your life.  Most people are just not sure what to expect and what steps they should take.  In one conversation we can usually determine what the likely outcomes of your case are what you can do today to get the best outcome possible.

We got into this line of work because we wanted to help people.  If we don’t think you need a lawyer, we will tell you so.  We hope that you will still find our consultation helpful and will consider passing our name along to friends or family who find themselves facing a criminal or traffic charge in Northern Virginia some day.

If we do think you would benefit from having a lawyer, we will tell you so.  We can tell you about our particular qualifications and experience, and we hope that you will choose us as your lawyers for your case.  


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