ASSAULT & BATTERY

In Virginia, although assault and battery are combined as a single Class 1 Misdemeanor charge in Virginia Code Section 18.2-57, they are technically considered two different crimes. It’s important to consider that any one act that falls into either or both of the below definitions can lead to a charge of “assault and battery” pursuant to Virginia Code section 19.2-57. These can be serious charges, as like all Class 1 Misdemeanors, Assault & Battery is punishable by up to 12 months in jail and/or a fine of up to $2,500.

“Assault” can accurately and generally be considered a threat. Virginia defines assault as an attempt or offer, with force and violence, to do some bodily hurt to another. General examples can include swinging at someone with a fist, stick or some other weapon, throwing a bottle with the intent to hit someone or simply raising up an arm in a menacing or threatening way. Even if physical contact did not occur an individual can be charged with assault if there was a perceived threat or an impression of intent to cause harm to the alleged victim.

“Battery” is the actual contact itself. A battery is generally defined as any non-consensual and/or unwanted intentional touching. While there are certain types of touching that may be legally justified or excused, a charge of battery does not require an actual “injury.”

MALICIOUS WOUNDING

In Virginia, a potential assault or battery charge can be upgraded to a Malicious Wounding Charge depending on the nature and intent behind the assault or battery. Virginia defines Malicious Wounding as “any person [who] maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill”, and it is classified as a Class 3 Felony, which at a minimum is punishable by 5 years with up to 20 years in prison, and a potential fine of up to $100,000.

However, the important aspect behind this charge is that it is intent based; the prosecutor only has to prove you had the intent to permanently maim or disfigure a person, the actual injury sustained need not actually be permanent or disfiguring. Depending on the circumstances surrounding the act, intent to kill or permanently harm the person may be inferred.

DOMESTIC ASSAULT

Domestic Assault in Virginia is defined as an assault and battery against a family or household member. This is generally considered to be a Class 1 Misdemeanor, which carries potentially up to 12 months in jail, a fine of up to $2,500, or both. This gets more serious if the Domestic Assault is considered a “third strike” in which case, it becomes a Class 6 Felony, which entails potentially 1-5 years in prison.