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Assault Based on Race in Virginia
August 17, 2016 by Jean Humbrecht
There are a number of different assault charges in Virginia. Virginia assault charges can be misdemeanors or felonies. Some Virginia assault charges even have mandatory minimum punishments, including a charge of Assault Based on Race in Virginia (Va. Code §18.2-57). This post focuses on assault based on race in Virginia.
For more information on other assault charges in Virginia, click here.
Assault Based on Race in Virginia
Assault Based on Race in Virginia is Punished with MANDATORY MINIMUM Jail Time
Assault in Virginia is threatening someone with a harmful or offensive contact (a battery). An offender does not need to actually make contact with the victim to be convicted of assault in Virginia, but must commit some overt, physical act indicating an intention to commit an imminent battery.
Assault based on race in Virginia can be charged when an offender intentionally threatens to cause bodily harm to another person based on race, religion, color, or national origin.
For more information on assault in Virginia, click here.
For more information on battery in Virginia, click here.
Penalty for Assault Based on Race in Virginia
Assault based on race in Virginia is generally a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500. Unlike a simple assault charge, assault based on race in Virginia is punished with a minimum of 6 months in jail, 30 days of which are mandatory minimum, active sentence.
If an offender intentionally selected the victim because of race, religion, color or national origin and the victim suffered bodily injury as a result of an assault and battery, the offense becomes a Class 6 felony, punished with up to 5 years in prison and a minimum of 6 months (30 days of which are a mandatory, active sentence).