What is an Assault Charge in Virginia?
An Assault Charge in Virginia is Committed by Threatening Physical Harm
Assault in Virginia is putting a person in fear of a harmful or offensive contact (a battery). In other words, it is threatening to commit a battery or performing a physical act indicating an intention to commit a battery against another person. An assault charge in Virginia is usually referred to as simple assault. The statute, Va. Code §18.2-57, also criminalizes assault and battery (which is usually charged when there has been an actual harmful or offensive touching).
An assault and a battery in Virginia are NOT the same thing. An assault does not need to actually result in a battery (a harmful or offensive touching), but there must be some overt act indicating a threat to do physical harm.
Click here for more information on battery in Virginia.
Click here for more information on assault and battery in Virginia.
Click here for more information on the difference between assault and battery in Virginia.
Penalty for Assault Charge in Virginia
An assault charge in Virginia is usually a Class 1 misdemeanor. It is punished with up to 12 months in jai and a fine up to $2,500.
However, an assault charge in Virginia or an assault and battery charge in Virginia can be a felony in some circumstances, depending on the injury inflicted, the severity of injury inflicted, the intent of the offender to cause serious injury, if the victim was singled out for racial reasons and suffered injury, and whether the victim was in a certain profession performing his official duties.
Click here for more information on felony assault charges in Virginia.
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