Battery in Virginia
October 1, 2018 by Jean Humbrecht
Assault and battery in Virginia is criminalized under Va. Code §18.2-57. However, there is a difference between an assault and a battery in Virginia. This post focuses on a battery in Virginia.
For more information on assault in Virginia, click here.
For more information on the difference between assault and battery in Virginia, click here.
What is A Battery in Virginia?
A battery in Virginia is basically an unwanted touching. To convict an offender of battery in Virginia, the Commonwealth must prove that the offender touched another person, without excuse or justification, and the touching was done in a rude, insulting, angry or vengeful manner. The touching can even be accomplished by an object set in motion by the offender that touches another person. A common example is spitting on another person.
Penalty for Virginia Assault and Battery
A Virginia assault and battery is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500.
A Battery in Virginia is an Unwanted Touching
However, assault and battery can be a felony if the offender acted with malice or without legal justification and caused a wounding or bodily injury with intent to maim, disable, disfigure, or kill.
For more information on Malicious Wounding in Virginia, click here.
For more information on Unlawful Wounding in Virginia, click here.
For more information on Malicious Bodily Injury in Virginia, click here.
For more information on Unlawful Bodily Injury in Virginia, click here.
For more information on Aggravated Malicious Wounding in Virginia, click here.