Simple Assault in Virginia

Simple Assault in Virginia is a Class 1 Misdemeanor

There are a number of different assault and battery charges in Virginia.  They all have different requirements for proof and different penalties.  Assault and battery charges in Virginia can be misdemeanors or felonies.  This post specifically focuses on simple assault in Virginia, which is a misdemeanor.

For more information on battery in Virginia, click here.

For more information on other assault charges in Virginia, click here.

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

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

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

What is Simple Assault in Virginia?

Simple assault in Virginia (Va. Code §18.2-57) is putting a person in fear of or threatening an imminent harmful or offensive contact (a battery).  The offender does not need to actually make physical contact with the victim to be convicted of a Virginia simple assault.  However, words alone are not enough to convict an offender of a simple assault in Virginia.  The offender must commit an overt, physical act indicating an intent to commit a battery.

Penalty for Simple Assault in Virginia

Simple assault in Virginia (Va. Code §18.2-57) is a Class 1 misdemeanor.  Simple assault in Virginia is punished with up to 12 months in jail and a fine up to $2,500.  However, if the victim was intentionally selected because of race, religion, color, or national origin, the offender will be sentenced to a minimum of 6 months in jail with a mandatory, active sentence of at least 30 days if convicted.

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