What is Assault in Virginia?
Assault Charges in Virginia Can be Misdemeanors or Felonies
Assault in Virginia is putting a person in fear of a harmful or offensive contact. In other words, it is threatening to commit a battery or cause physical harm to another person. An offender can be convicted of assault in Virginia even if he never touches the other person, but there must be some overt act indicating a threat to do physical harm.
For more information on assault in Virginia, click here.
For more information on battery in Virginia, click here.
For more information on the difference between assault and battery in Virginia, click here.
Assault Charges in Virginia
There are a number of different assault charges in Virginia. The particular charge depends on the identity of the victim, whether any injury resulted, the type of injury, and whether a firearm was used in the assault.
Simple Assault
Simple assault in Virginia (Va. Code §18.2-57) is threatening to inflict physical harm on another person. Simple assault charges in Virginia are Class 1 misdemeanors, punished with up to 12 months in jail and a fine up to $2,500.
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Assault and Battery
Assault and battery in Virginia is the harmful or offensive touching of another person, without justification or excuse, done in an angry, rude, vengeful or insulting manner. The touching does not need to cause injury, so long as there is a harmful or offensive contact with another person. 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.
For more information on assault and battery in Virginia, click here.
Domestic Assault and Battery
Assault and battery against a family or household member is criminalized separately under Va. Code §18.2-57.2. This offense is also known as domestic assault. It is still a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2,500. A third offense is a Class 6 felony, punished with up to 5 years in prison.
For more information on domestic assault charges in Virginia, click here.
Felony Assault Charges in Virginia
Sometimes assault and battery charges in Virginia can be felonies. For more information on felony assault and battery charges in Virginia, click here.
Assault Based on Race
Threatening to cause harm to a person because of race, religion, color or national origin is charged as assault under Va. Code §18.2-57. However, there is a mandatory minimum punishment 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. It is punished with a minimum of 6 months in jail (30 days of which are a mandatory, active sentence) up to 5 years in prison.
For more information on charges of assault based on race in Virginia, click here.
Assault by Firearm
Assault with a Firearm is One Specific Form of Assault in Virginia
Assault with a firearm is a Class 1 misdemeanor under Va. Code §18.2-282. An offender can be convicted even if the firearm was inoperable, so long as the offender handled the firearm in such a manner as to reasonably induce fear in the mind of another. It is punished with up to 12 months in jail and a fine up to $2,500. The offense becomes a Class 6 felony, punished with up to 5 years in prison, if the assault occurred on or within 1,000 feet of school property.
For more information on assault by a firearm in Virginia, click here.
Assault on Law-Enforcement Officer
An assault on a law-enforcement officer, judge, magistrate, correctional officer, Department of Corrections employee, Department of Juvenile Justice employee, Department of Behavioral Health and Developmental Services employee, firefighter or emergency medical services person while performing their official duties is a Class 6 felony and is 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 is a distinct form of assault in Virginia under Va. Code §18.2-51.6. Strangulation 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 in Virginia is a Class 6 felony, punished with up to 5 years in prison.
For more information on strangulation in Virginia, click here.
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