Virginia Assault Charges

May 26, 2016 by Jean Humbrecht

Virginia assault charges need to be taken seriously.  Virginia assault charges can be misdemeanors or felonies.  In addition to jail and fines, convictions for Virginia assault charges will result in a permanent criminal record that can never be expunged.

Virginia Assault Charges

Virginia assault charges

Assault in Virginia is Threatening to Cause Bodily Harm to Another Person

There are a number of different Virginia assault charges.  The particular charge depends on the identity of the victim, whether injury resulted, the type of injury, and whether a firearm was used.

Simple Assault

Simple assault in Virginia (Va. Code §18.2-57) is threatening to inflict physical harm on another person.  Simple assault in Virginia is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.

For more information on simple assault in Virginia, click here.

Assault and Battery

Assault and battery in Virginia is the harmful or offensive touching of another person, without justification or excuse, in an angry, rude, vengeful or insulting manner.  Assault and battery (Va. Code §18.2-57) is generally a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.  However, sometimes Virginia assault and battery charges can be felonies.

For more information on assault and battery in Virginia, click here.

For more information on felony assault and battery in Virginia, click here.

Domestic Assault and Battery

Assault and battery against a family or household member (or domestic assault), is criminalized separately under Va. Code §18.2-57.2.  It is still a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.  However, a third offense is a Class 6 felony, punished with up to 5 years in prison.

For more information on Virginia assault charges involving household or family members, click here.

Assault Based on Race

Assaulting a person because of race, religion, color or national origin (Va. Code §18.2-57) is a Class 1 misdemeanor but is punished with a minimum of 6 months in jail, 30 days of which are a mandatory active sentence.  If the victim suffers bodily injury, the offense is a Class 6 felony, punished with up to 5 years in prison.

For more information on Virginia assault charges based on race, click here.

Assault by Firearm

Assault with a firearm in Virginia (Va. Code §18.2-282) is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500.  The offense becomes a Class 6 felony if the assault occurred on or within 1,000 feet of school property.

For more information on assault with a firearm in Virginia, click here.

Assault on Law-Enforcement Officer

An assault on a law-enforcement officer in the performance of his official duties is a felony, punished with a minimum of 6 months in jail up to 5 years in prison.

For more information on assault on a law-enforcement officer in Virginia, click here.

Strangulation

Strangulation in Virginia (Va. Code §18.2-51.6) is impeding the circulation or respiration of another person, without consent, by knowingly, intentionally and unlawfully applying pressure to the neck which results in wounding or bodily injury.  Strangulation is a Class 6 felony in Virginia, punished with up to 5 years in prison.

For more information on a Virginia strangulation charge, click here.

 

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