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Virginia Simple Assault Charge
December 11, 2017 by Jean Humbrecht
Assault and battery charges in Virginia need to be taken seriously. Virginia assault and battery charges can be misdemeanors or felonies and a conviction cannot be expunged from an offender’s permanent criminal record. This post focuses on a Virginia simple assault charge under Va. Code §18.2-57.
A Virginia Simple Assault Charge is Punished with up to 12 Months in Jail
For more general information on assault and battery charges in Virginia, click here.
For more information on felony assault and battery charges in Virginia, click here.
Virginia Simple Assault Charge
Simple assault in Virginia (Va. Code §18.2-57) is putting another person in fear of a harmful or offensive contact. In other worse, it is threatening to commit a battery.
An assault and battery in Virginia are not the same thing. A battery is a harmful or offensive contact done in a rude, angry, insulting, or vengeful manner. An offender does not need to actually commit a battery order to be convicted of a Virginia simple assault charge.
For more information on battery in Virginia, click here.
For more information on the difference between assault and battery in Virginia, click here.
Penalty for Virginia Simple Assault Charge
A Virginia simple assault charge is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. However, if the victim was selected because of race, religion, color or national origin, the offender will be punished with a minimum of 6 months in jail, 30 days of which are a mandatory, active sentence.